Claims for Relief
California’s lawsuit presents three main claims:
- Ultra Vires Action: The complaint alleges that the President and Secretary of Defense acted beyond their legal authority by federalizing the Guard without following the procedures and conditions in 10 U.S.C. § 12406.
- Violation of the Tenth Amendment: The state argues that the federal government’s actions infringed upon powers reserved to the states, specifically the right to maintain and command its own militia in the absence of a valid federal invocation.
- Administrative Procedure Act Violation: California alleges that the Department of Defense’s actions were arbitrary, capricious, and exceeded statutory authority, violating the federal Administrative Procedure Act.
In its prayer for relief, the state asks the court to declare the President’s memorandum and the Defense Department’s orders “unauthorized by and contrary to the laws of the United States,” to prohibit further deployment under these orders, and to return command of the National Guard to the Governor.
