Newsom Calls Special Session to Prepare California for Legal Fight Against Trump

Hoping to establish California as a legal bulwark against the second Trump administration, Gov. Gavin Newsom on Thursday called a special legislative session to prepare for what he described as an incoming “attack” on the state’s freedoms.

Newsom’s first two years in office were defined by frequent clashes with then-President Donald Trump over climate change, immigration and health care policy. Now, the governor is directing the Legislature to meet in early December to approve new funding as the state expects to take on the White House in court.

“California has faced this challenge before, and we know how to respond,” Newsom said in a statement. “We are prepared to fight in the courts, and we will do everything necessary to ensure Californians have the support and resources they need to thrive.”

The new spending could bolster the state’s Department of Justice to both defend against federal lawsuits and initiate legal action against the Trump administration.

“No matter what the incoming Administration has in store, California will keep moving forward,” Attorney General Rob Bonta said in a statement. “We’ve been through this before, and we stand ready to defend your rights and protect California values. We’re working closely with the Governor and the Legislature to shore up our defenses and ensure we have the resources we need to take on each fight as it comes.”

During Trump’s first term in the White House, California leaders sought to stymie many of the administration’s initiatives in court. Then-Attorney General Xavier Becerra filed more than 100 lawsuits against the federal government — seeking to block Trump’s travel ban against residents of many Muslim-majority countries, the end of the Deferred Action for Childhood Arrivals immigration program and the weakening of environmental regulations.

Back then, the push to “resist” Trump’s policies was also accompanied by a desire by Gov. Jerry Brown and leaders in the Democratic-controlled Legislature to model effective progressive governance. The legislative session in 2017, Trump’s first year in office, was one of the most productive in recent memory — with a flurry of bills passed in Sacramento to fix roads, build housing and limit greenhouse gas emissions.

In a statement, Assembly Speaker Robert Rivas (D-Hollister) said lawmakers need to “lean in and listen” to the “clear message” sent by voters who catapulted Republicans back into control of the White House, the Senate and possibly the House of Representatives.

“But we also must be prepared to defend California values, no matter the challenges ahead, so it makes sense to consider the Governor’s proposal,” Rivas added. “I’m ready to fight harder than ever for opportunity, equality and a Golden State that works for each and every resident.”

The special session proclamation will direct the Legislature to work when they were not previously scheduled to do so. Typically, lawmakers gather at the Capitol in early December for swearing-in and ceremonial tasks before reconvening in January to begin their work in earnest.

During the special session, the Legislature may only debate bills related to the topic outlined in the governor’s proclamation, though they are not required to approve any legislation.

While Democrats are virtually guaranteed to hold a two-thirds supermajority in both houses, the margins of Democratic control are still up in the air. In the Senate, Orange County incumbent Josh Newman trails his Republican challenger. And in the Assembly, three seats in the Inland Empire — two of which are held by Democrats — remain too close to call.

Republicans blasted Newsom’s move as premature political grandstanding.

“This special session is a shameless political stunt,” Assembly Republican Leader James Gallagher (R-Yuba City) said in a statement. “The only ‘problem’ it will solve is Gavin Newsom’s insecurity that not enough people are paying attention to him. There will not be a single policy implemented in this special session that couldn’t be addressed when the Legislature reconvenes in January.”

The special session would be the third called by Newsom. The previous two directed the Legislature to work on bills related to gas prices — including a session that concluded last month with the passing of a bill to regulate inventory at oil refineries.