..excerpts from State of California vs Donald Trump and Pete Hegseth:
3. President Trump has repeatedly invoked emergency powers to exceed the bounds of lawful executive authority. On Saturday, June 7, he used a protest that local authorities had under control to make another unprecedented power grab, this time at the cost ofthe sovereignty ofthe State ofCalifornia and in disregard ofthe authority and role of the Governor as commander-inchief of the State's National Guard.
4. The vehicle the President has sought to invoke for this unprecedented usurpation of state authority and resources is a statute, 10 U.S.C. § 12406, that has been invoked on its own only once before and for highly unusual circumstances not presented here. Invoking this statute, the President issued a Memorandum on June 7, 2025 (Trump Memo), “call[ing] into Federal service members and units ofthe National Guard." Secretary of Defense Hegseth, in turn, issued a Memorandum (DOD Order) that same day to the Adjutant General ofCalifornia, ordering 2,000 California National Guard members into federal service. And on June 9 , 2025, Secretary Hegseth issued another Memorandum (June 9 DOD Order) ordering an additional 2,000 California National Guard members into federal service.
5. These orders were issued despite the text ofsection 12406, which, among other things, requires that when the President calls members of a State National Guard into federal service pursuant to that statute, those orders
“shall be issued through the governors of the States." Instead, Secretary Hegseth unlawfully bypassed the Governor ofCalifornia, issuing an order that by statute must go through him.