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.

“Resistance isn’t just suing the federal government,” said Manuel Pastor, a professor of sociology and American Studies & Ethnicity at the University of Southern California. “It’s also moving the needle on things people care about.”

Pastor, who chronicled the political lessons from recent California history in his book, State of Resistance, said the state’s experience during the first Trump term and Newsom’s own political ambitions will shape California’s response to the incoming administration.

“Newsom is both much more aware of [what a Trump presidency could be like] and actually also has a much different set of political incentives,” Pastor added.

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.

Assemblymember Jesse Gabriel (D-Encino) said the governor’s early action was needed to put the state “in a position, so that if we need to, we can act quickly to file affirmative litigation…to protect fundamental rights and California values.”

But he said it was unclear if any votes or debate on bills would actually occur before the new year.

“My understanding and my sense is that the goal here is to pass legislation prior to the new administration being sworn in,” he added.

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 is all headline-grabbing,” said state Sen. Brian Jones (R-San Diego). “Whatever he wants to do in a so-called special session, he can do in the regular session.”

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.