San Francisco City Attorney David Chiu gave a report Tuesday on the status of litigation by the city against President Donald Trump’s administration.
Speaking at a media briefing timed to coincide with the first anniversary of Trump’s second term, Chiu began by saying that “the last year has been a dark and frightening time for many Americans.”
He added, the city “remains committed to its values and will defend the rule of law in court.”
Chiu identified 14 cases in which the city has sued the administration so far in Trump’s second term, already more than the 10 times the city sued during the four years of Trump’s first term.
He said that these were not cases the city wanted to bring, but cases where they had to file because the Trump administration has crossed lines, violated rules and disregarded the Constitution.
The city has had significant success in the litigation so far, according to Chiu.
One case — involving public health data that the administration wanted to erase — is complete and the city’s position prevailed.
In 10 cases, the city and other plaintiffs obtained preliminary injunctions from lower courts, though in one case (a challenge to the dismantling of federal agencies) it was later set aside by the U.S. Supreme Court.
Extraordinary orders
Preliminary injunctions are extraordinary orders generally issued at the start of a case that stop the defendant from taking action while the litigation is pending. Such injunctions are only issued when the court finds the plaintiff is likely to succeed in its claim and there will be irreparable injury if the court does not intercede.
Nine of the 14 cases involve grants that the administration terminated or attempted to condition on compliance with new federal policies.
One of the most significant involved threats to withhold as much as $3.7 billion in funding to San Francisco because it is a sanctuary city. In that case, the city and the other plaintiffs obtained a preliminary injunction that protects the funding for the time being. Chiu said proudly that when the case was filed only four other cities joined San Francisco in the case, but today more than 50 cities are plaintiffs.
When asked how much the prosecution of the cases has cost the city, Chiu said that there hasn’t been much additional cost because the attorneys and other professionals in the office have done most of the work “working around the clock.” Given that the work has saved or protected billions in funding, he said the work “has been incredibly cost-effective.”
While Mayor Daniel Lurie has received recognition for his role in talking down the Trump administration from sending troops to San Francisco in October, Chiu was not fearful that his report could provoke reprisal.
He said, “it is important for the public to understand what is happening,” and the Trump administration is already “fully aware of all the things we are doing.”
Questioned about whether there are other issues on the horizon that may generate legal action, Chiu focused on the November elections. He said the midterm elections are “existentially critical” and added, “many of us are anticipating shenanigans.”
Chiu also mentioned immigration-related issues with U.S. Immigration and Customs Enforcement in Minneapolis, and said, “we just have no idea what could happen.”
Bonta’s office busy as well
State Attorney General Rob Bonta also reported Tuesday on his office’s work in the past year.
According to Bonta, his office filed 54 lawsuits against the Trump administration during the year. While there is some overlap between the two lists, the city’s 14 cases are largely in addition to the attorney general’s suits.
Chiu commended Bonta and said that the city is delighted for the state to take the lead when the issues are statewide but must take action on its own to protect San Francisco and its residents when the issue is local.
“I don’t think any of us in roles like mine ever anticipated … a president who routinely violates the law and disregards the Constitution and does it at muzzle velocity.”
San Francisco City Attorney David Chiu
Asked about the significance of the cases, Chiu singled out the city’s challenge to Trump’s executive order that seeks to pare back birthright citizenship. Chiu said that case is of particular interest here because it was a case brought by a San Francisco resident that led to the 1898 Supreme Court decision that recognized citizenship for individuals born to foreign parents.
All of the city’s 14 cases were filed in federal court, six in the Bay Area, four in the District of Columbia, with the remainder around the country. The Bay Area cases are being handled by six different judges, five sitting in the city, and one in Oakland.
In addition to the lawsuits, Chiu’s office has filed “friend of the court” briefs in 20 other cases.
Chiu offered a personal reflection. He said, “I don’t think any of us in roles like mine ever anticipated … a president who routinely violates the law and disregards the Constitution and does it at muzzle velocity.”
He added, “it has been a very long year … but this is the work we are charged to do.”