Amicus Curiae Brief — Donald J. Trump, President of the United States, et al., Applicants v. Illinois, et al.

Supreme Court briefOct 24, 2025

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No. 25A443

IN THE

SUPREME COURT OF THE UNITED STATES

_____________________________________________________________________________

DONALD J. TRUMP, in his official capacity as President of the United States, et al.

Applicants,

v.

STATE OF ILLINOIS, et al.,

Respondents.

____________________________________________________________________________

ON APPLICATION TO STAY THE TEMPORARY RESTRAINING ORDER ISSUED BY THE

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS

BRIEF OF AMICI CURIAE LOCAL GOVERNMENTS AND

LOCAL GOVERNMENT LEADERS IN SUPPORT OF RESPONDENTS’

RESPONSE IN OPPOSITION TO THE EMERGENCY MOTION

FOR STAY PENDING APPEAL

JENNY S. MA

Counsel of Record

JONATHAN B. MILLER

JEAN LARSEN

PUBLIC RIGHTS PROJECT

490 43rd Street, Unit #115

Oakland, CA 94609

(510) 738-6788

jenny@publicrightsproject.org

Counsel for Amici Curiae

TABLE OF CONTENTS

TABLE OF AUTHORITIES ..................................................................... ii

INTEREST OF AMICI CURIAE .............................................................. 1

SUMMARY OF ARGUMENT .................................................................. 4

ARGUMENT ............................................................................................. 6

I. IF THE STATUS QUO IS NOT MAINTAINED, THE

GOVERNMENT WILL UNLEASH MILITARY FORCES

WITHOUT FACTUAL JUSTIFICATION AND UNDER

PRETEXT THAT WILL SEVERELY HARM AMICI AND THE

PUBLIC INTEREST ........................................................................... 6

A. The Unlawful Federalization of the National Guard

Without Justification Harms State and Local Sovereignty ......... 8

B. The Public Interest Is Best Served When Local Law

Enforcement, Not Federalized Military Forces, Exercise

Police Powers to Ensure Public Safety and Manage Local

Protests ......................................................................................... 11

1. Local law enforcement has specific expertise to respond

to protests and to de-escalate ................................................. 12

2. The deployment of the National Guard has escalated

conflict and made it harder for local law enforcement to

do its job .................................................................................. 15

C. Actual and Threatened Militarization of Our Cities

Disturbs Our Residents’ Well-Being and Our Local

Economies ..................................................................................... 18

CONCLUSION ........................................................................................ 22

ADDITIONAL COUNSEL ...................................................................... 24

Appendix A – List of Amici Curiae ........................................................ 28

i

TABLE OF AUTHORITIES

CASES

Barnes v. E-Sys., Inc. Grp. Hosp. Med. & Surgical Ins. Plan,

501 U.S. 1301 (1991) ............................................................................. 7

Coyle v. Smith,

221 U.S. 559 (1911) ............................................................................... 9

Grider v. Abramson,

180 F.3d 739 (6th Cir. 1999) ............................................................... 12

Illinois v. Trump,

No. 1:25-cv-12174 (N.D. Ill. Oct. 6, 2025) ...... 2, 6, 8–10, 13–17, 19, 22

Illinois v. Trump,

No. 25-2798 (7th Cir. Oct. 16, 2025) ................................................ 7, 9

Laird v. Tatum,

408 U.S. 1 (1972) ................................................................................... 8

Newsom v. Trump,

141 F.4th 1032 (9th Cir. 2025) ........................................................... 16

Newsom v. Trump,

786 F. Supp. 3d 1235 (N.D. Cal. 2025)............................................... 10

Nken v. Holder,

556 U.S. 418 (2009) ............................................................................... 7

Ohio v. Env’t Prot. Agency,

603 U.S. 279 (2024) ............................................................................... 7

Oregon v. Trump,

No. 25-cv-01756 (D. Or. Oct. 4, 2025) ................................................ 16

Printz v. United States,

521 U.S. 898 (1997) ............................................................................... 8

San Francisco v. Trump,

783 F. Supp. 3d 1148 (N.D. Cal. 2025)............................................... 11

San Francisco v. Trump,

897 F.3d 1225 (9th Cir. 2018) ............................................................. 11

ii

Swain v. Junior,

958 F.3d 1081 (11th Cir. 2020) ........................................................... 17

Trump v. Int’l Refugee Assistance Project,

582 U.S. 571 (2017) ............................................................................... 7

Walker v. Birmingham,

388 U.S. 307 (1967) ............................................................................. 11

STATUTES

10 U.S.C. § 12406 .................................................................................... 10

CONSTITUTIONAL PROVISIONS

Cal. Const., art. XI, § 5 ............................................................................. 8

Cal. Const., art. XI, § 7 ............................................................................. 8

Ill. Const., art. VII, § 6 .............................................................................. 8

N.M. Const., art. 10, § 6 ............................................................................ 8

OTHER AUTHORITIES

Alana Wise, The National Guard has Been Deployed to Enforce

the Law Before. What’s Different Now?, Nat’l Public Radio,

(Aug. 21, 2025) .............................................................................. 13, 17

Alex Horton, National Guard Documents Show Public ‘Fear,’

Veterans ‘Shame’ Over D.C. Presence, Wash. Post (Sept. 10,

2025) .............................................................................................. 18, 21

Andrea Sachs & Federica Cocco, D.C. Tourism Was Already

Struggling, Then the National Guard Arrived, Wash. Post

(Aug. 29, 2025) .................................................................................... 19

Andrew Schwartz, National Guard Deployment—Estimated Cost:

$10 Million—Crawls Along, Willamette Week (Oct. 1, 2025) .......... 22

Anna Griffin, In 2020, Trump Intervened in Portland’s Protests.

They Got Even Worse, N.Y. Times (Oct. 7, 2025) .............................. 16

Antje Blinde et al., International Travelers Are Growing Skeptical

of the U.S., Spiegel Int’l, (June 19, 2025) .......................................... 21

iii

Billal Rahman, ICE Accidentally Tear Gases Chicago Police

During Clash With Protesters, Newsweek (Oct. 6, 2025) .................. 16

C. Todd Lopez, National Guard Provides Support to Hurricane

Stricken States, Department of War (Oct. 3, 2024) ........................... 11

Demonstrations and Political Violence in America: New Data for

Summer 2020, ACLED (Sept. 3, 2020) .............................................. 11

Ed White & Christopher L. Keller, Trump’s Push for More Troops

in US Cities at Odds with Crime Stats, Military Times (Aug.

29, 2025) .............................................................................................. 18

Immigration Raids and Military Presence Hurting Economy in

Santa Ana, Employees Say, ABC 7 News (Jun. 11, 2025) ................ 20

Josh Marcus, Trump mobilizing up to 1,700 National Guard

troops in 19 states to widen crime and immigration crackdown,

The Independent (Aug. 25, 2025) ......................................................... 2

Joshua Chapin, Downtown DC Businesses Hope for Increased

Foot Traffic After End To Federal Takeover, ABC 7 News (Sept.

11, 2025) .............................................................................................. 18

Marc Novicoff, A Very, Very Expensive Way to Reduce Crime, The

Atlantic (Oct. 10, 2025) ....................................................................... 22

Megan Lebowitz, Trump Says Gov. JB Pritzker and Chicago

Mayor Brandon Johnson 'Should be in Jail', NBC News (Oct.

8, 2025) ................................................................................................ 19

Melody Gutierrez, Trump’s Military Deployment in L.A. Cost $120

Million, Newsom Says, LA Times (Sept. 4, 2025) ............................. 22

Memorandum on Restoring Law and Order in Memphis (Sept. 15,

2025) .................................................................................................... 20

Memorandum on Restoring Law and Order in the District of

Columbia, (Aug. 11, 2025) .................................................................. 20

Meredith Lee Hill & Jennifer Scholtes, Trump’s troop pay move is

a ‘temporary fix,’ Johnson says, Politico (Oct. 15, 2025) ................... 22

Milton Guevara, How National Guard Troops in D.C. Are

Affecting Restaurants in the Capital, Nat’l Public Radio (Sept.

1, 2025) ................................................................................................ 19

iv

Mimi Montgomery, Trump Crackdown is Affecting D.C.’s Image

and Tourism Numbers, Axios D.C. (Aug. 29, 2025) .......................... 19

Noah Robertson, LA Deployments to Cost $134 Million and Last

60 Days, Pentagon Says, Military Times (June 10, 2025) ................ 22

Pittsburgh Bureau of Police Roadway Safety Guidelines (July 26,

2018) .................................................................................................... 14

President Donald Trump, Address to Military Leadership in

Quantico, Virginia (Sept. 30, 2025) ............................................ 1, 2, 17

President Donald Trump, Comments to Reporters Before Air

Force One Departure (June 8, 2025)................................................... 2

President Donald Trump, Remarks During Bilat with Javier

Melei of Argentina in Washington, D.C. (Oct. 14, 2025) .................. 21

President Donald Trump, Speech Announcing Military

Deployment in Washington, D.C. (Aug. 11, 2025) .............................. 2

President Donald Trump, Speech on Signing Executive Order on

Alaskan Energy and Minerals in Washington, D.C. (Oct. 6,

2025) .................................................................................................... 17

Press Release, City of New Haven, Statement by Mayor Elicker on

Yale University Students Protest and Successful De-escalation

by the New Haven Police Department (Apr. 23, 2024) ...................... 14

Schwalb Decl., D.C. v. Trump, No. 25-cv-3005 (D.D.C. 2025), Dkt.

No. 3-5.................................................................................................. 19

The Federalist No. 39 ............................................................................... 8

The White House, Additional Measures to Address the Crime

Emergency in the District of Columbia, § 2(d)(ii) (Aug. 25, 2025)

............................................................................................................... 2

Trump Hints He Could Send National Guard to Oakland, Fox

KTVU (Aug. 12, 2025)......................................................................... 20

Will Weissert & Sophia Tareen, Trump says he’s set to order

federal intervention in Chicago and Baltimore, despite local

opposition, Associated Press (Sept. 2, 2025) ........................................ 2

v

INTEREST OF AMICI CURIAE

Amici curiae are local governments and officials from across the Nation.1 Their

municipalities and counties differ in size, demographics, and policy priorities, but

share a common interest in keeping communities safe, protecting the First

Amendment rights of their residents, and avoiding pretextual punishment by the

Executive branch. Through decades of experience, amici have successfully deployed

policies and practices that balance public safety needs with the rights of their

residents.

The President has made plain his desire to treat American cities as military

“training grounds.”2 Since federalizing and deploying the National Guard in Los

Angeles in June, the Administration has sent or attempted to send federal military

troops into one community after the next—each time, widening the scope, duration,

and reason for deployment. In just the past three weeks, the President has federalized

and attempted to deploy hundreds more troops, including out-of-state troops, into the

City of Portland twice, while simultaneously attempting to do the same in and around

Respondent City of Chicago. The President has also made new and repeated avowals

to expand National Guard deployments to other cities, “where needed,” including

1 Pursuant to Supreme Court Rule 37.6, no party or party’s counsel authored this

brief in whole or in part and no party or party’s counsel contributed money intended

to fund preparation or submission of this brief. A list of all amici is provided at

Appendix A.

2 President Donald Trump, Address to Military Leadership in Quantico, Virginia

(Sept. 30, 2025) (transcript available via Roll Call, https://perma.cc/HHS8-HR8S).

1

some amici.3 On top of this, in as many as nineteen states, the Administration plans

to deploy the National Guard under state control to assist with federal immigration

enforcement.4 In anticipation of this planned roll-out, the President has issued an

Executive Order instructing the Secretary of Defense to establish a “standing

National Guard quick reaction force” available for “rapid nationwide deployment.”5

Taken together, these deployments of the National Guard across the country

constitute a perilous increase in the presence and threatened presence of military

troops in cities and localities like those amici represent. President Trump’s promise

that “we’re gonna have troops everywhere”6 raises serious concerns of the cascading

3 See Memorandum for the Adjutant General, Texas National Guard, Dkt. No.

13-4,

Illinois v. Trump, No. 1:25-cv-12174 (N.D. Ill. filed Oct. 6, 2025) (authorizing

mobilization of up to 400 Texas National Guard members “where needed, including

in the cities of Portland and Chicago”); see also Will Weissert & Sophia Tareen,

Trump says he’s set to order federal intervention in Chicago and Baltimore, despite

local opposition, Associated Press (Sept. 2, 2025), https://perma.cc/T4QB-7CZT

(including Baltimore on the list of cities where Trump is considering sending federal

authorities); President Donald Trump, supra n.2 (including New York and San

Francisco in list of “very unsafe places” that the administration is going to “straighten

[] out”); President Donald Trump, Speech Announcing Military Deployment in

Washington, D.C. (Aug. 11, 2025) (transcript available via Roll Call,

https://perma.cc/SPQ6-8NWH) (describing Baltimore, Oakland and New York as

cities that are “bad, very bad”).

4 Josh Marcus, Trump mobilizing up to 1,700 National Guard troops in 19 states to

widen crime and immigration crackdown, The Independent (Aug. 25, 2025),

https://perma.cc/6U2S-KEP8.

5 The White House, Additional Measures to Address the Crime Emergency in the

District of Columbia, § 2(d)(ii) (Aug. 25, 2025), https://perma.cc/3AF2-QMQ4.

6 President Donald Trump, Comments to Reporters Before Air Force One Departure

(June 8, 2025) (transcript available via Roll Call, https://perma.cc/3UX6-DAQY).

2

harms to amici’s jurisdictions if the Court grants the Government’s application and

allows the deployment to proceed unfettered.

As in other jurisdictions, by federalizing the National Guard in Chicago, the

Government failed to meet statutory thresholds and threatens to trample the

foundational principles forbidding federal military involvement in civilian law

enforcement. Amici are gravely concerned that any protest within their borders, or

any claim by the Government of an unfilled “security void” by local authorities, will

trigger yet another unnecessary deployment of the military. The Government’s

standardless federalization of the National Guard not only harms amici’s sovereign

interests in exercising police powers, but it also disturbs amici’s interest in peace and

tranquility, and in the well-being of our residents and our local economies. More

broadly, amici have an interest in maintaining the distinct characteristics that make

each of their communities unique and in avoiding the damage the federal usurpation

of police powers may inflict.

Amici counties and cities and their elected leaders include municipalities that

have been specifically targeted, and others that have been threatened with National

Guard deployment by Applicants. Whether facing current, recently threatened, or

potential future National Guard deployment, they have been harmed and continue to

be so. They all share a strong interest in ensuring that unnecessary deployments

cease and that adherence to the rule of law is restored. Amici respectfully submit this

brief in support of Respondents’ response in opposition to the Government’s

emergency motion for stay pending appeal.

3

SUMMARY OF ARGUMENT

Our Nation’s constitutional order demands that domestic deployment of the

federal military be restricted to exceptional circumstances and that federal courts

hold the line against Executive overreach. Throughout our history, and pursuant to

the governing statutory and constitutional law, federalization and deployment of the

states’ National Guard has been a last resort, not a primary tactic, reserved for those

exceedingly rare instances of foreign invasion, violent rebellion, or where the

President is unable to execute the laws. None of these conditions are present in the

United States currently or—as relevant for this application—in the record of this

case.

Yet, domestic National Guard deployments (or at least the threat and attempt

thereof) have become almost commonplace. Chicago, the third-largest city in the

United States, is now the fifth major American city in which the President has sought

to deploy the National Guard in as many months. These attempted deployments, in

response to local demonstrations—nothing amounting to a rebellion—intrude on

state and local sovereignty by usurping local police power; and each transgresses

further into normalizing the deployment of the military for domestic law enforcement

efforts. The threat to dual sovereignty is especially grave given the Government’s

argument that the President’s decision to deploy the National Guard domestically is

beyond review. If this Court credits that position, the Executive branch will have an

unfettered ability to seize control of a state’s National Guard for any real or imagined

reason. This cannot stand in principle or law.

4

Moreover, the public interest strongly counsels against an emergency stay.

Amici have long ably responded to demonstrations within their jurisdictions, both

when they are peaceful and otherwise, without the intrusion of the military. Contrary

to the short shrift that Applicants afford to state and local officials and law

enforcement, see Gov. Br. at 10–11, they are effective and their leadership in response

to protests or mass gatherings is the norm in American cities. Local law enforcement

is trained to respond to demonstrations large and small, whereas the National

Guard’s focus and training is on military combat and disaster response.

If left unchecked, the President’s extra-statutory National Guard deployments

will cause ongoing harm to the stability of cities across the country. Under the

Government’s reasoning, the President could issue an order seeking to federalize

troops at any time, anywhere, for any reason—based on nothing more than being a

disfavored jurisdiction, a perception that local law enforcement cannot adequately do

their jobs in their jurisdictions, or even a perceived threat of future violence.

Unwarranted military policing threatens irreparable injury not just to

Respondents, but to jurisdictions around the country. The presence of military troops

patrolling our communities inflames tensions (which, in turn, requires more

resources), endangers and decreases the efficacy of local law enforcement, and

increases risks of tragic accidents. And it disturbs our residents’ peace and well-being

and disrupts our local businesses and economies—all while costing millions of dollars.

This is especially true where, as here, military troops are deployed on city streets

5

with a muddled directive to both clean up general crime, Gaber Decl., D. Ct. Dkt. No.

13-10, ¶ 44, and to “go hard” against protesters,7 neither of which is lawful.

The Administration’s unlawful military mobilization is decisively against the

public interest. For these reasons, amici respectfully urge the Court to deny the

request for an immediate administrative stay and the stay of the district court’s

temporary restraining order.

ARGUMENT

I.

IF THE STATUS QUO IS NOT MAINTAINED, THE GOVERNMENT

WILL UNLEASH MILITARY FORCES WITHOUT FACTUAL

JUSTIFICATION AND UNDER PRETEXT THAT WILL SEVERELY

HARM AMICI AND THE PUBLIC INTEREST.

The Seventh Circuit correctly affirmed the district court’s conclusion that a

temporary restraining order is warranted to prevent an abridgement of state

sovereignty and a dramatic expansion of the President’s power. The panel—

composed of judges appointed by three presidents over the course of 25 years—

properly credited the district court’s factual findings. Given the early stage of these

proceedings, both courts appropriately recognized the determination made in holding

that none of the predicate conditions exist in Chicago for the President to federalize

and deploy the National Guard under Section 12406 was necessarily preliminary.

Having submitted no credible evidence to the district court that the facts on

the ground in Chicago require the immediate deployment of military troops because

7 Complaint, D. Ct. Dkt. No. 1 ¶¶ 113–14 (“Defendant Noem was videotaped speaking

to assembled DHS agents about protestors outside of the ICE facility in which she

stated: ‘Today, when we leave here we’re going to go hard. We’re going to hammer

these guys….’”).

6

of an inability to execute federal immigration law in that city, the Government should

not now be awarded emergency relief that dramatically alters the status quo. The

Government not only is attempting to relitigate the facts on an emergency

application, but also is attempting to relitigate facts before this Court on an

emergency application that were unpersuasive to the district and appellate courts.

Even with “great deference” afforded to the Administration's determinations, the

Seventh Circuit correctly rejected arguments that the President’s federalization of

the Guard under Section 12406 is not judicially reviewable and that there were

credible factual predicates to satisfy federalization. See Illinois v. Trump, No. 252798, at 10–16 (7th Cir. Oct. 16, 2025), Dkt. No. 26 (“App. Op.”). The court of appeals

also found that the district court “provided substantial and specific reasons” for its

credibility decisions, for which the record “includes ample support.” Id. at 12. The

Government, accordingly, has not shown a likelihood of success on the merits, and

this Court’s inquiry can end there.

Even if the other conditions for a stay could be met, this Court should

determine that “the public interest lies” in ruling against a stay application. Ohio v.

Env’t Prot. Agency, 603 U.S. 279, 291 (2024) (citing Nken v. Holder, 556 U.S. 418, 434

(2009)); see also Trump v. Int’l Refugee Assistance Project (“IRAP”), 582 U.S. 571, 580

(2017) (“Before issuing a stay, ‘[i]t is ultimately necessary . . . to balance the equities—

to explore the relative harms to applicant and respondent, as well as the interests of

the public at large.’”) (quoting Barnes v. E-Sys., Inc. Grp. Hosp. Med. & Surgical Ins.

Plan, 501 U.S. 1301, 1305 (1991)). The sovereign interests of amici weigh strongly

7

against federal military incursions into local law enforcement. Additionally, amici

urge this Court to consider the distinct and irreparable injury that local governments

nationwide suffer when the President deploys military forces to our communities.

Given the broad and substantial disruptive effect of deployment, and threatened

deployment, of the National Guard, the interests of the public at large—reflected in

amici’s coalition of local governments and leaders—strongly counsels against an

emergency stay.

A.

The Unlawful Federalization of the National Guard Without

Justification Harms State and Local Sovereignty.

A bedrock embodiment of state and local sovereignty over the police power is

the steadfast refusal to allow the military to engage in domestic policing. See Laird

v. Tatum, 408 U.S. 1, 15–16 (1972). The federalization of the National Guard in the

factual context found by the district court shatters that legal tradition. In so doing,

the Government harms Respondents’ sovereignty and similarly threatens that harm

to other localities nationwide, including amici. See D. Ct. Dkt. No. 70 (“D. Ct. Op.”),

at 49. The States’ police power manifests in significant part through county and

municipal governments, which are the primary providers of quotidian law

enforcement and public safety. See e.g., Cal. Const., art. XI, §§ 5, 7; Ill. Const., art.

VII, § 6; N.M. Const., art. 10, § 6. “As Madison expressed it: ‘[T]he local or municipal

authorities form distinct and independent portions of the supremacy, no more subject,

within their respective spheres, to the general authority than the general authority

is subject to them, within its own sphere.’” Printz v. United States, 521 U.S. 898, 920–

91 (1997) (quoting The Federalist No. 39, at 245). Local governments thus share the

8

core constitutional interest in the police power with the States under the Tenth

Amendment. Accordingly, the sovereign interests of amici cities weigh strongly

against federal military incursion into domestic local policing.

By deploying members of the Texas National Guard to Illinois, the Government

not only continues its relentless effort to dismantle the balance of power allocated by

the U.S. Constitution between the States and the federal government, but also among

the States themselves. D. Ct. Op. at 49. Indeed, as the district court explained, the

principle of equal sovereignty is violated when the National Guard from Texas is

“deployed to Illinois against the wishes of Illinois’s elected leaders” because such a

move “empowers Texas at the expense of Illinois, injuring Illinois’s right to be ‘equal

in power, dignity, and authority’ to every other state.” Id. (quoting Coyle v. Smith,

221 U.S. 559, 567 (1911)).

The threat to state and local sovereignty is underscored by the

Administration’s sweeping arguments against any judicial review. In justifying the

invasion of one state’s National Guard into another state, the Government argued

during the temporary restraining order hearing that “the federalization of the

National Guard requires no explanation, identifiable scope, or provable factual

underpinning, and that federalization determinations are immune from Article III

review.” See Appellees’ Response in Opp., 7th Cir. Dkt. No. 7 at 2 (citing to transcript).

In their view, the President may call the National Guard whenever he is “unable to

ensure to his satisfaction the faithful execution of the federal laws by the federal

officers who regularly enforce them, without undue harm or risk to officers.” D. Ct.

9

Op. at 42 (emphasis added). The Government renews this broad argument before this

Court, arguing a federal court “lacks not only the authority but also the competence”

to determine if deployment under Section 12406 is proper. Gov. Br. at 23. The

argument that this Court may not “second-guess [the President’s] judgments,” id. at

36, must be seen for what it is: an assertion that any president, now or in the future,

may hold such a boundless power nowhere is stated in law, any founding document,

or derived from our legal tradition.

The notion that the President’s judgment requires such limitless deference as

to be beyond judicial review is not borne out by the plain text of the statute. Section

12406 “permits the President to federalize the National Guard ‘[w]henever’ one of the

three enumerated conditions are met, not whenever he determines that one of them

is met.” D. Ct. Op. at 26 (quoting Newsom v. Trump, 786 F. Supp. 3d 1235, 1248 (N.D.

Cal. 2025) (quoting 10 U.S.C. § 12406) (emphasis in original)). Moreover, the nonreviewability argument fails to comport with the careful limitations the Founders

placed on the role of the military in domestic affairs and on the President’s power to

deploy federal military forces, which the district court detailed in its order. Id. at 14–

17. This is especially true in this context. Amici are concerned that reading the

statute to defer to any decision by the President to deploy troops in response to

protests by amici’s residents, in amici’s communities, and on amici’s streets—when

local law enforcement officials on the ground conclude military involvement is

unnecessary—completely negates local officials’ the expertise. And if and when local

law enforcement are overwhelmed, they can and do request federal resources,

10

including Guard troops, to complement local and state teams.8 See also Part I.B.,

infra.

The National Guard’s management of local protests usurps state and local

government’s constitutional interest to provide for the general welfare of their

residents through their police power. See, e.g., Walker v. Birmingham, 388 U.S. 307,

315 (1967) (“When protest takes the form of mass demonstrations, parades, or

picketing on public streets and sidewalks, the free passage of traffic and the

prevention of public disorder and violence become important objects of legitimate

state concern.”); San Francisco v. Trump, 783 F. Supp. 3d 1148, 1184 (N.D. Cal. 2025)

(citing San Francisco v. Trump, 897 F.3d 1225, 1234–36 (9th Cir. 2018)). Applicants

are undermining “localities’ right to sovereignty and self-determination [that] forms

the bedrock of our republic.” Id. This infringement on local sovereignty weighs

strongly against the public interest.

B.

The Public Interest Is Best Served When Local Law

Enforcement, Not Federalized Military Forces, Exercise Police

Powers to Ensure Public Safety and Manage Local Protests.

The vast majority of protests across the United States are peaceful.9 In the rare

circumstances when demonstrations threaten public safety, local law enforcement is

8 For example, in the wake of Hurricane Helene in 2024, National Guard troops

worked in coordination with state agencies to deal with the natural disaster. See C.

Todd Lopez, National Guard Provides Support to Hurricane Stricken States,

Department of War (Oct. 3, 2024), https://perma.cc/KTS7-ZEYZ.

9 See, e.g., Demonstrations and Political Violence in America: New Data for Summer

2020, ACLED (Sept. 3, 2020), https://perma.cc/8VD5-Z9D4 (finding 93% of national

demonstrations—in 2,400 locations—were peaceful).

11

better trained than military forces to handle such incidents. Unlike the National

Guard, which primarily serves to secure combat and natural disaster zones, local law

enforcement has extensive experience managing protests and deep understanding of

their communities. Amici, like Respondents, have established procedures and

training that endeavor to balance public safety, individual rights, the protection of

property, crowd management, preserving access to public space, and the preservation

of residents’ fundamental constitutional rights. Cf. Grider v. Abramson, 180 F.3d 739,

751–53 (6th Cir. 1999) (noting local governments have “significant public interests in

fostering the privileges of free expression and assembly” and in “the preservation of

community peace”). Moreover, the presence of the National Guard, combined with

aggressive tactics by federal agents, have only made it more challenging for local law

enforcement to fulfill its duties.

1.

Local law enforcement has specific expertise to respond to

protests and to de-escalate.

Local law enforcement officials are trained and prepared to make lawful

arrests when called for, and to de-escalate tensions during demonstrations and

protests, rather than inflaming them. The States’ National Guard lacks this

expertise. And to the extent that local law enforcement departments continue to

update and evolve their policies and practices to improve efficacy and trust in

communities, bringing in the federal military will not help those efforts. As one

retired military officer and expert explained: “Although [the National Guard] have

the mission of [responding to] domestic disturbances, they don't get a lot of training

in it, and they certainly don’t get the extensive training and the nuances that, for

12

example, the police get.”10

Here, the district court made factual findings that local law enforcement

officers in Chicago have competently managed crowds, related First Amendment

activity (including large scale protests), and ensured the ability of ICE officers to

enter and exit the Broadview ICE facility in the normal course of business. See D. Ct.

Op. at 3–9.11 Additionally, as seen in Chicago, local law enforcement do act to protect

federal personnel and facilities in collaboration with their federal counterparts when

their duties require it. The Court of Appeals’ conclusion that the statutory predicate

for deployment under Section 12406(3) has not been satisfied illustrates this point:

“Federal facilities, including the processing facility in Broadview, have remained

open despite regular demonstrations . . . And though federal officers have

encountered sporadic disruptions, they have been quickly contained by local, state,

and federal authorities.” App. Op. at 15 (emphasis added).

Amici’s local law enforcement agencies across the country have devoted

significant time to community engagement with the aim of building the public’s trust.

As a result, local law enforcement best understands which tactics might escalate a

situation in a particular community and what might be more useful in calming that

10 Alana Wise, The National Guard has Been Deployed to Enforce the Law Before.

What’s Different Now?, Nat’l Public Radio, (Aug. 21, 2025), https://perma.cc/7W7UZT9G.

11 By contrast, the district court noted that Applicants’ federal law enforcement

declarants have a “troubling” tendency to “equat[e] protests with riots and a lack of

appreciation for the wide spectrum that exists between citizens who are observing,

questioning, and criticizing their government, and those who are obstructing,

assaulting, or doing violence.” D. Ct. Op. at 10–11.

13

same community. These tactics are not window-dressing; they succeed in

deescalating serious conflicts.12

Military troops with no local orientation lack these critical insights. As the

district court concluded, “[t]o add to this milieu militarized actors unfamiliar with

local history and context whose goal is ‘vigorous enforcement’ of the law… is not in

the community’s interest.” D. Ct. Op. at 50–51 (cleaned up). The Court of Appeals

agreed, holding that “the public has a significant interest in having only well-trained

law enforcement officers deployed in their communities and avoiding unnecessary

shows of military force in their neighborhoods, except when absolutely necessary and

justified by law.” App. Op. at 17.

Critically, amici’s local law enforcement departments and individual officers

are directly accountable to the communities they serve, as they report ultimately to

elected mayors and city councils and in many cases are also subject to oversight from

citizen police commissions and boards. In contrast, federalized National Guard troops

are not directly accountable to the communities to which they are dispatched.

Turning to capacity, local governments like amici and Respondents have

established policies for coordinating responses to significant emergencies and civil

unrest when local resources prove to be insufficient. They allow local governments to

12

Pittsburgh Bureau of Police Roadway Safety Guidelines (July 26, 2018),

https://perma.cc/WB57-5TJP (detailing tactics Pittsburgh Police shall use to ensure

the safe flow of traffic during protests that affect roadways); see also Press Release,

City of New Haven, Statement by Mayor Elicker on Yale University Students Protest

and Successful De-escalation by the New Haven Police Department (Apr. 23, 2024),

https://perma.cc/897J-HJCV (describing, in statement from New Haven mayor,

successful deescalation of student protests).

14

request additional state and local resources in a practiced manner that will avoid

interagency conflicts, deescalate tensions, and prevent widespread disorder. See, e.g.,,

D. Ct. Op. at 5–6 (describing the Illinois law enforcement mutual aid network and

“Unified Command”). Centralized information-sharing and coordination of responses

within these groups avoids putting the public or law enforcement at risk, without the

need for any military forces.

In contrast, deploying military troops outside of established processes

heightens the likelihood of coordination failures and introduces more complexity and

risk for local law enforcement and the public. This is particularly true where the

Government deploys the National Guard in response to what the district court found

to typically be a small protest, rarely numbering more than fifty people and never

exceeding 200. D. Ct. Op. at 3; see also App. Op. at 3. For example, on the day before

the President’s announcement of a deployment, Broadview Police monitored a “small

crowd of quiet protestors” against whom ICE deployed tear gas, pepper spray, and

pepper balls. D. Ct. Op. at 5–6.

2.

The deployment of the National Guard has escalated

conflict and made it harder for local law enforcement to

do its job.

As the district court found, National Guard deployment itself is “likely to lead

to civil unrest, requiring deployment of state and local resources to maintain order.”

D. Ct. Op. at 49. This is not an unfounded supposition, as the Government suggests,

nor is it unique to Chicago. In fact, the escalation and intensification of protests in

response to threats and actual employment of the National Guard is an established

15

pattern. See Br. of Cal. and Gov. Newsom as Amici Curiae, D. Ct. ECF No. 40–1 at 6

(pointing out that, rather than quelling unrest, National Guard mobilization

inflamed further protests in Los Angeles, including spawning new unrest that

required more state resources);13 see also Op. & Order Granting TRO, Oregon v.

Trump, No. 25-cv-01756 (D. Or. Oct. 4, 2025), Dkt. No. 56 at 29 (noting that, on the

night of the Administration’s deployment announcement, “the size of protests

increased substantially” in Portland).14

Further, in Chicago, as some federal agents have become increasingly

aggressive in their response to protestors, Chicago police officers have faced

escalating on-the-job dangers, not just from rising tensions, but also from the tactics

employed by the federal agents. For instance, police stationed outside the Broadview

facility were recently tear gassed alongside protestors when ICE agents deployed the

gas.15 Given the increased militarization of these federal agencies and their use of

increasingly aggressive tactics, amici have a well-founded concern that National

13 On this point, Applicants suggest the Ninth Circuit in Newsom found that the

National Guard’s deployment in Los Angeles deterred further violence (see Gov. Br.

at 37), but the Court found no such thing, instead observing “that California's

concerns about escalation and interference with local law enforcement, at present,

are too speculative. We do not know whether future protests will grow due to the

deployment of the National Guard.” Newsom v. Trump, 141 F.4th 1032, 1054 (9th Cir.

2025).

14 See also Anna Griffin, In 2020, Trump Intervened in Portland’s Protests. They Got

Even Worse, N.Y. Times (Oct. 7, 2025), https://perma.cc/A7Z7-9LG2 (noting that

during the 2020 protests after George Floyd’s death, an influx of federal troops to

Portland prompted “tens of thousands of people” to protest).

15 Billal Rahman, ICE Accidentally Tear Gases Chicago Police During Clash With

Protesters, Newsweek (Oct. 6, 2025), https://perma.cc/CU3A-YWUK.

16

Guard troops, trained for military combat, will use disproportionate force in response

to protests, increasing the potential for tragic miscalculations and accidents.

The potential for disproportionate force is especially present because of the

extreme rhetoric the President has used in his public comments calling for

deployment of the National Guard. Among other things, the President has called

protesters the “enemy from within”16 and described Chicago as a “war zone.”17 The

Commander in Chief’s rhetoric cannot be dismissed as harmless, particularly as he

directs the deployment of armed military personnel and military weaponry to amici’s

streets.18 Cities and local governments like amici, and their residents, have a strong

interest in preventing escalations of violence.

The tactics used by federal law enforcement on local residents in Broadview

have also resulted in additional costs and resource expenditures for Respondents. See

D. Ct. Op. at 49–50. The district court noted the “provocative nature of ICE’s

enforcement activity” has caused a corresponding uptick in protests, which state and

local law enforcement agencies respond to. Id. at 49. The resulting “diversion of

limited state and local resources is an irreparable harm.” Id. at 50; cf. Swain v.

Junior, 958 F.3d 1081, 1090 (11th Cir. 2020) (finding irreparable harm because

16 President Donald Trump, supra n.2.

17 President Donald Trump, Speech on Signing Executive Order on Alaskan Energy

and Minerals in Washington, D.C. (Oct. 6, 2025), (transcript available via Roll Call,

https://perma.cc/B7JE-MZXL).

18 As the retired military general explained: “The military mindset is wrong…The

police look at the people in front of them as citizens who may be misbehaving, but

they're citizens. The military looks at people out there and sees threats that need to

be neutralized, and that can lead to bad things.” Wise, supra n.10.

17

government officials “will lose the discretion . . . to allocate scarce resources among

different county operations necessary to fight the pandemic”). The deployment of the

National Guard is likely to increase these costs by further increasing the need for

local law enforcement presence if the size and intensity of protests and dispersion

tactics increase. Amici, like Respondents, manage limited local resources, and share

a critical public interest in avoiding the unnecessary expenditures and strain on local

law enforcement that accompanies military deployment.

C.

Actual and Threatened Militarization of Our Cities Disturbs Our

Residents’ Well-Being and Our Local Economies.

Federal military presence, when deployed without cause, damages amici’s

communities psychologically and economically. Far from feeling safer, residents

report that federal soldiers’ occupancy of their cities causes anxiety, disrupts

community harmony, and damages the local economy.19

Internal documents suggest that federal military leaders are aware that the

Government’s actions are perceived as “leveraging fear,” driving a “wedge between

citizens and the military.”20 Experts note that the presence of troops in neighborhoods

increases individuals’ perception of danger, not security.21 Rather than strengthening

19 Joshua Chapin, Downtown DC Businesses Hope for Increased Foot Traffic After

End To Federal Takeover, ABC 7 News (Sept. 11, 2025), https://perma.cc/HGX5G7RQ (noting drop in foot traffic in downtown Washington, D.C. after deployment of

troops).

20 Alex Horton, National Guard Documents Show Public ‘Fear,’ Veterans ‘Shame’

Over D.C. Presence, Wash. Post (Sept. 10, 2025), https://perma.cc/S5QX-8VNB.

21 Ed White & Christopher L. Keller, Trump’s Push for More Troops in US Cities at

Odds with Crime Stats, Military Times (Aug. 29, 2025), https://perma.cc/2RVTE7GK.

18

trust, applicants threaten to unravel decades of work that amici have invested in

building trust with our communities. This is especially true when the federal troop

deployments occur against the backdrop of the President’s hostile rhetoric and public

statements that demean the capacity of local leaders.22

Sending the National Guard to cities in response to demonstrations and

alleged general crime will also cause local economies to suffer. Like City Respondent,

amici represent local governments which depend on tax revenue generated by local

businesses. See Mem. Supp. Pls.’ Mot. for TRO, D. Ct. Dkt. No. 13 at 48. Many amici

rely upon tourism as a top generator of economic stability. Evidence shows that the

National Guard presence in Washington D.C. and Los Angeles has caused abrupt

declines in tourism,23 restaurants have also lost business,24 and major community

events have reduced attendance.25 Moreover, as discussed, the unnecessary

deployment of federal law enforcement to American cities has historically provoked

heightened civil unrest, which can exacerbate economic losses. Negative effects from

the deployments are not confined—and surrounding counties also feel the effects. The

22 Megan Lebowitz, Trump Says Gov. JB Pritzker and Chicago Mayor Brandon

Johnson 'Should be in Jail', NBC News (Oct. 8, 2025), https://perma.cc/5WJDKWFT.

23 See Schwalb Decl., D.C. v. Trump, No. 25-cv-3005 (D.D.C. 2025), Dkt. No. 3-5, at ¶

¶7, https://perma.cc/BZ7A-8LDW; Mimi Montgomery, Trump Crackdown is Affecting

D.C.’s Image and Tourism Numbers, Axios D.C. (Aug. 29, 2025),

https://perma.cc/CR64-X3JY.

24 Milton Guevara, How National Guard Troops in D.C. Are Affecting Restaurants in

the Capital, Nat’l Public Radio (Sept. 1, 2025), https://perma.cc/6AU5-HENA.

25 Andrea Sachs & Federica Cocco, D.C. Tourism Was Already Struggling, Then the

National Guard Arrived, Wash. Post (Aug. 29, 2025), https://perma.cc/BRG6-4D7T.

19

fear and confusion caused by deployment in Los Angeles, for example, spilled over to

neighboring Santa Ana, where a “large part of the community stays home in fear,”

depressing economic activity.26

Local economies are likely to be affected not only by the presence of National

Guard troops, but also by reputational injury associated with the President’s

opprobrium that accompanies such deployment. The President has oscillated in his

public justifications for deploying the National Guard; in some instances, he has

advanced his belief that deployment is warranted to participate in regular policing.

For instance, the Administration has authorized deployment of Guard troops to

Washington D.C. and Memphis, Tennessee, to address what the President

characterizes as widespread crime in those cities.27 Likewise, the President’s military

deployment threats directed at other amici are based on his unfounded and partisan

assertions that those cities are “very bad.”28 Even if untethered from the reality on

the ground, the deployment unfairly and falsely validates the President’s assertions

that these cities are crime-ridden and unsafe, harming their reputation and appeal

26

Immigration Raids and Military Presence Hurting Economy in Santa Ana,

Employees Say, ABC 7 News (Jun. 11, 2025), https://perma.cc/NFP8-7E3B.

27 See Memorandum on Restoring Law and Order in Memphis (Sept. 15, 2025),

https://perma.cc/3MUP-8FBQ; see also Memorandum on Restoring Law and Order

in the District of Columbia, (Aug. 11, 2025), https://perma.cc/2YEC-4UD4.

28 Trump Hints He Could Send National Guard to Oakland, Fox KTVU (Aug. 12,

2025), https://perma.cc/QGT4-V755.

20

to visitors.29 By first casting these aspersions, and then deploying military personnel

to these cities, the President inflicts serious reputational and concomitant economic

harm.

The President also has suggested potential disruption of future international

events—for which amici already have expended significant resources—under the

guise of public safety concerns. For example, the President mused about relocating

the World Cup from Boston, stating: “[T]hey’re taking over parts of Boston…we’ll go

in and take them back…if I feel there’s unsafe conditions … I would say, let’s move it

to another location…I could say the same thing for the Olympics.”30

Amici are further harmed by the President’s ongoing and planned deployment

of National Guard troops because members of the National Guard are also residents

of amici’s communities. They hold jobs, raise their families, and contribute to amici’s

social fabric. Many deployed Guard members are missing family milestones and

work, all while expressing shame about their present mission.31 Hundreds of

members of the National Guard have left their families and local communities to

travel hundreds of miles for an unlawful mission in Chicago. They are spending

29 See Antje Blinde et al., International Travelers Are Growing Skeptical of the U.S.,

Spiegel Int’l, (June 19, 2025), https://perma.cc/26GH-JJJX (documenting a drop of

international tourism, and associated revenue and employment, to the U.S. and

explaining that the Trump administration’s policies, as well as his “aggressive

assault against relatively harmless demonstrations…send[] a clear message to the

world: If you aren’t with me, you are against me.”).

30 President Donald Trump, Remarks During Bilat with Javier Melei of Argentina

in Washington, D.C. (Oct. 14, 2025) (transcript available via Roll Call,

https://perma.cc/ATU9-GKDE).

31 Horton, supra n.20.

21

weeks at a government facility based on a version of the facts that the district court,

after a thorough review of the record, found to be “inaccurate” and justified by

“unreliable information.” D. Ct. Op. at 9–11. And, if the current government

shutdown continues, they will soon be doing so without pay.32 At the same time,

taxpayers are paying the massive price of these deployments—approximately $400

million for D.C., $134 million for Los Angeles, and an initial estimate of $10 million

for Oregon.33

CONCLUSION

Amici, representing tens of millions of Americans, have a fundamental interest

in ensuring that these unnecessary deployments cease and that the rule of law is

restored. The public interest overwhelmingly supports maintaining the status quo,

and this Court should deny the Government’s application for a stay.

32 Meredith Lee Hill & Jennifer Scholtes, Trump’s troop pay move is a ‘temporary

fix,’ Johnson says, Politico (Oct. 15, 2025), https://perma.cc/C8RE-BSR2.

33 Noah Robertson, LA Deployments to Cost $134 Million and Last 60 Days, Pentagon

Says, Military Times (June 10, 2025), https://perma.cc/2N6D-ZPWH; Andrew

Schwartz, National Guard Deployment—Estimated Cost: $10 Million—Crawls Along,

Willamette Week (Oct. 1, 2025), https://perma.cc/Z9X8-ZX8W; Melody Gutierrez,

Trump’s Military Deployment in L.A. Cost $120 Million, Newsom Says, LA Times

(Sept. 4, 2025), https://perma.cc/H3FE-E9FC; see also Marc Novicoff, A Very, Very

Expensive Way to Reduce Crime, The Atlantic (Oct. 10, 2025), https://perma.cc/LH3D9CFB.

22

Dated: October 20, 2025

Respectfully submitted,

JENNY S. MA

Counsel of Record

JONATHAN B. MILLER

JEAN LARSEN

PUBLIC RIGHTS PROJECT

490 43rd Street, #115

Oakland, CA 94609

Telephone: (510) 738-6788

Attorneys for Amici Curiae

23

ADDITIONAL COUNSEL

YIBIN SHEN

City Attorney

2263 Santa Clara Avenue, Room 280

Alameda, CA 94501

Attorney for the City of Alameda,

California

EBONY M. THOMPSON

City Solicitor

Baltimore City Department of Law

100 North Holliday Street

Baltimore, MD 21202

Attorney for the City of Baltimore,

Maryland

ROBERT MAGEE

Corporation Counsel

24 Eagle Street, Room 106

Albany, NY 12207

Attorney for the City of Albany, New

York

ADAM CEDERBAUM

Corporation Counsel

One City Hall Square, Room 615

Boston, MA 02201

Attorney for the City of Boston,

Massachusetts

LAUREN KEEFE

City Attorney of Albuquerque

One Civic Plaza, 4th Floor

Albuquerque, NM 87102

Attorney for the City of Albuquerque,

New Mexico

JESSICA C. BROWN

City Attorney

Office of City Attorney & Corporation

Counsel

149 Church Street

Burlington, VT 05401

Attorney for the City of Burlington,

Vermont

CHERAN IVERY

City Attorney

301 King Street, Suite 1300

Alexandria, VA 22314

Attorney for the City of Alexandria,

Virginia

MEGAN BAYER

City Solicitor

795 Massachusetts Avenue

Cambridge, MA 02139

Attorney for the City of Cambridge,

Massachusetts

ROSALYN GUY-MCCORKLE

Allegheny County Solicitor

445 Fort Pitt Boulevard, Suite 300

Pittsburgh, PA 15219

Attorney for County of Allegheny,

Pennsylvania

CARLOS PABELLON

Corporation Counsel

DAVID R. GAULT

Deputy Corporation Counsel

Room 419, City-County Building

210 Martin Luther King, Jr.,

Boulevard

Madison, WI 53703

Attorneys for County of Dane,

Wisconsin

ATLEEN KAUR

City Attorney

Guy C. Larcom City Hall

301 East Huron, 3rd Floor

Ann Arbor, MI 48104

Attorney for the City of Ann Arbor,

Michigan

24

MIKO BROWN

City Attorney

1437 Bannock Street, Room 353

Denver, CO 80202

Attorney for the City and County of

Denver, Colorado

MICHAEL HAAS

City Attorney

210 Martin Luther King Jr. Blvd.,

Room 401

Madison, WI 53703

Attorney for the City of Madison,

Wisconsin

LEESA MANION

Prosecuting Attorney

Chinook Building

401 5th Avenue, Suite 800

Seattle, WA 98104

Prosecuting Attorney for Martin

Luther King, Jr. County

KRISTYN ANDERSON

City Attorney

350 South 5th Street

Minneapolis, MN 55415

Attorney for the City of Minneapolis,

Minnesota

DAWN MCINTOSH

City Attorney

411 West Ocean Boulevard, 9th Floor

Long Beach, CA 90802

Attorney for the City of Long Beach,

California

SUSAN K. BLITCH

County Counsel

188 West Alisal Street, 3rd Floor

Salinas, CA 93901

Attorney for the County of Monterey,

California

HYDEE FELDSTEIN SOTO

City Attorney

200 North Main Street, 8th Floor

Los Angeles, CA 90012

Attorney for the City of Los Angeles,

California

JOHN P. MARKOVS

Montgomery County Attorney

101 Monroe Street, 3rd Floor

Rockville, MD 20850

Attorney for Montgomery County,

Maryland

JUDY W. WHITEHURST

Chief Deputy

LILIANA CAMPOS

Assistant County Counsel

BRIGIT GREESON ALVAREZ

Deputy County Counsel

648 Kenneth Hahn Hall of

Administration

500 West Temple Street

Los Angeles, CA 90012-2713

Attorneys for the County of Los Angeles

JENNY MADKOUR

County Attorney

501 Southeast Hawthorne Boulevard,

Suite 500

Portland, OR 97214

Attorney for Multnomah, Oregon

PATRICIA KING

Corporation Counsel

165 Church Street

New Haven, CT 06510

Attorney for the City of New Haven,

Connecticut

25

MURIEL GOODE-TRUFANT

Corporation Counsel

100 Church Street

New York, NY 10007

Counsel for the City of New York, New

York

PATRICK BEATH

Corporation Counsel

30 Church Street, Room 400A

Rochester, New York 14614

Attorney for the City of Rochester, New

York

ALAN SEEWALD

City Solicitor

One Roundhouse Plaza, Suite 304

Northampton, MA 01060

Attorney for the City of Northampton,

Massachusetts

SUSANA ALCALA WOOD

City Attorney

915 I Street, 4th Floor

Sacramento, CA 95814

Attorney for City of Sacramento,

California

RYAN RICHARDSON

City Attorney

One Frank H. Ogawa Plaza, 6th Floor

Oakland, CA 94612

Attorney for the City of Oakland,

California

LYNDSEY M. OLSON

City Attorney

400 City Hall & Court House

15 West Kellogg Boulevard

St. Paul, MN 55102

Attorney for the City of St. Paul,

Minnesota

LAURA CONOVER

County Attorney

Pima County Attorney’s Office

32 North Stone Avenue

Tucson, AZ 85745

Attorney for Pima County, Arizona

HEATHER FERBERT

San Diego City Attorney

1200 3rd Avenue, Suite 1100

San Diego, CA 92101

Attorney for the City of San Diego,

California

KRYSIA KUBIAK

City Solicitor and Chief Legal Officer

414 Grant Street

Pittsburgh, PA 15219

Attorney for the City of Pittsburgh,

Pennsylvania

NORA FRIMANN

City Attorney

200 East Santa Clara Street,

16th Floor

San José, CA 95113

Attorney for the City of San José,

California

ROBERT TAYLOR

City Attorney

1221 Southwest Fourth Avenue,

Room 430

Portland, OR 97204

Counsel for the City of Portland,

Oregon

TONY LOPRESTI

County Counsel

70 West Hedding Street East Wing,

9th Floor

San José, CA 95110

Attorney for County of Santa Clara,

California

26

JOHN D. NIBBELIN

County Counsel

400 County Center, 6th Floor

Redwood City, CA 94063

Attorney for San Mateo County,

California

DAVID CHIU

City Attorney

City Hall Room 234

One Dr. Carlton B. Goodlett Place

San Francisco, CA 94102

Attorney for the City and County of

San Francisco, California

HEIDI VON TONGELN

Interim City Attorney

1685 Main Street, Room 310

Santa Monica, CA 90401

Attorney for the City of Santa Monica,

California

ROI LUSK

City Attorney

PO Box 27210

Tucson, AZ 85726-7210

Attorney for the City of Tucson,

Arizona

LAUREN LANGER

City Attorney

Best Best & Krieger LLP

300 South Grand Avenue, 25th Floor

Los Angeles, CA 90071

Attorney for City of West Hollywood,

California

27

Appendix A – List of Amici Curiae

Local Governments

City of Alameda, California

City of Albany, New York

City of Albuquerque, New Mexico

City of Alexandria, Virginia

Allegheny County, Pennsylvania

City of Anaheim, California

City of Ann Arbor, Michigan

City of Baltimore, Maryland

City of Boston, Massachusetts

City of Burlington, Vermont

City of Cambridge, Massachusetts

Dane County, Wisconsin

City and County of Denver, Colorado

City of Evanston, Illinois

King County, Washington

City of Long Beach, California

City of Los Angeles, California

Los Angeles County, California

City of Madison, Wisconsin

City of Minneapolis, Minnesota

28

Monterey County, California

Montgomery County, Maryland

Multnomah County, Oregon

City of Newark, New Jersey

City of New Haven, Connecticut

City of New York, New York

City of Northampton, Massachusetts

City of Oakland, California

Pima County, Arizona

City of Pittsburgh, Pennsylvania

City of Portland, Oregon

City of Rochester, New York

City of Sacramento, California

City of St. Paul, Minnesota

City of San Diego, California

City of San José, California

County of Santa Clara, California

San Mateo County, California

City of Santa Monica, California

City and County of San Francisco, California

Sonoma County, California

City of Tucson, Arizona

29

City of West Hollywood, California

Local Government Leaders

Luis Alejo

Supervisor, County of Monterey, California

Valarie Bachelor

School Board Director, City of Oakland, California

Jorge Baron

Councilmember, King County, Washington

Ravinder Bhalla

Mayor, City of Hoboken, New Jersey

Jesse Brown

Councilmember, City of Indianapolis, Indiana

Xouhoa Bowen

Vice Mayor, City of San Leandro, California

Chelsea Byers

Mayor, City of West Hollywood, California

Barb Byrum

Clerk, Ingham County, Michigan

Chris Canales

Councilmember, City of El Paso, Texas

Michael Chameides

Supervisor, County of Columbia, New York

John Clark

Mayor, Town of Ridgway, Colorado

Laura Conover

County Attorney, County of Pima, Arizona

30

Christine Corrado

Councilmember, Town of Brighton, New York

Olgy Diaz

Councilmember, City of Tacoma, Washington

Roger Dickinson

Councilmember, City of Sacramento, California

Michael Dougherty

20th Judicial District Attorney, Colorado

Justin Douglas

Commissioner, Dauphin County, Pennsylvania

Diane Ellis-Marseglia

Commissioner, Bucks County, Pennsylvania

Marilyn Ezzy Ashcraft

Mayor, City of Alameda, California

Ramin Fatehi

Commonwealth's Attorney, City of Norfolk, Virginia

Bryan “Bubba” Fish

Councilmember, City of Culver, California

Vanessa Fuentes

Mayor Pro Tem, City of Austin, Texas

Brenda Gadd

Councilmember, Metropolitan Nashville & Davidson County, Tennessee

Adrian Garcia

Commissioner, County of Harris, Texas

Heidi Garrido

Councilmember, City of Hopkins, Minnesota

31

Megan Green

President of Board of Alderman, St. Louis County, Missouri

Marquette Green-Scott

Mayor Pro Tem, Iowa Colony, Texas

Jonathan Guzmán

School Committee Vice-Chair, City of Lawrence, Massachusetts

Beau Harbin

Legislator, County of Cortland, New York

Robert J. Harvie

Commissioner, Bucks County, Pennsylvania

Jani Hitchen

Councilmember, County of Pierce County, Washington

Stephanie Howse-Jones

Councilmember, City of Cleveland, Ohio

Susan Hughes-Smith

Legislator, County of Monroe, New York

Christopher Jaramillo

Norristown Area School District Board President, County of Montgomery,

Pennsylvania

Lisa Kaplan

Councilmember, City of Sacramento, California

Lisa Lawitzke

Clerk, Town of Bellevue, Michigan

Jerald Lentini

Director, Town of Manchester, Connecticut

32

Sarah Leonardi

School Board Member, Broward County, Florida

Jessie Lopez

Councilmember, City of Santa Ana, California

Quinton D. Lucas

Mayor, City of Kansas, Missouri

Kim Lund

Mayor, City of Bellingham, Washington

Christian Menefee

County Attorney, Harris County, Texas

William Moehle

Supervisor, Town of Brighton, New York

Steve Mulroy

District Attorney, County of Shelby, Tennessee

Arnetta Murray

Councilmember, City of Iowa Colony, Texas

Linda Mussmann

Supervisor, City of Hudson, New York

Jonathan Nieuwsma

Councilmember, City of Evanston, Illinois

Isabel Piedmont-Smith

Councilmember, City of Bloomington, Illinois

Veronica Pillar

Legislator, Tompkins County, New York

Jacqueline “Jack” Porter

Commissioner, City of Tallahassee, Florida

33

Delishia Porterfield

Councilmember, Metropolitan Nashville & Davidson County, Tennessee

Satya Rhodes-Conway

Mayor, City of Madison, Wisconsin

Ryan Richardson

City Attorney, City of Oakland, California

Amanda Rodriguez

Councilmember, City of San Marcos, Texas

Rossana Rodríguez Sánchez

Alderperson, City of Chicago, Illinois

Miguel Sanchez

Councilmember, City of Providence, Rhode Island

Dawn Marie Sass

Clerk/Deputy Treasurer, City of Exeter, Wisconsin

Eli Savit

Prosecuting Attorney, Washtenaw County, Michigan

Gina-Louise Sciarra

Mayor, City of Northampton, Massachusetts

Michael Siegrist

Clerk, Town of Canton, Michigan

Seema Singh

Councilmember, City of Knoxville, Tennessee

David Stout

Commissioner, City of El Paso, Texas

Lena Tam

Supervisor, County of Alameda, California

34

Terry Vo

Councilmember, Metropolitan Nashville & Davidson County, Tennessee

Braxton White

Commissioner, County of Clarion, Pennsylvania

Robin Wilt

Councilmember, Town of Brighton, New York

35

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