Dershowitz Predicts Newsom’s National Guard Lawsuit Against Trump Is A Loser

Constitutional expert Alan Dershowitz stated on Monday that California Governor Gavin Newsom’s lawsuit, which seeks to prevent President Donald Trump from deploying the National Guard to Los Angeles, is unlikely to prevail.

Newsom, together with Democratic Attorney General Rob Bonta, initiated the lawsuit following Trump’s order for deployment in response to riots that erupted after a U.S. Immigration and Customs Enforcement (ICE) operation at a Home Depot. During an appearance on The Dershow, Dershowitz voiced doubts that the Supreme Court would be inclined to “second-guess” the president’s power to deploy the National Guard in such circumstances.

“The Supreme Court will not second-guess the President of the United States on this matter,” Dershowitz remarked. “They will conclude, whether right or wrong, that the president possessed the authority to make this decision, and he had the authority to do so without the governor’s consent,” Dershowitz elaborated.

“Let’s be clear, there was violence. It is evident on television; there were bombings, fire bombings, and the burning of Teslas and other autonomous vehicles. Rocks were thrown at ICE officers. There were threats made against ICE officers and their families. Was it a full-blown insurrection? No,” Dershowitz added.

As the riots persisted on Monday, President Trump ordered an additional 700 Marines to assist with the National Guard deployment in Los Angeles. A video shared on social media over the weekend depicted an individual wearing a motorcycle helmet throwing rocks at the windshields of vehicles transporting ICE agents. The FBI is offering a $50,000 reward for information that leads to the arrest of the suspect.

Significantly, according to CNN, Newsom’s lawsuit aims solely to prevent Trump from utilizing troops to enforce immigration laws, which could potentially infringe upon the 1878 Posse Comitatus Act that prohibits military involvement in civilian or federal law enforcement. However, Trump, designated by the Constitution as the commander-in-chief of all military forces, along with Defense Secretary Pete Hegseth, who is also named in the lawsuit, did not assign the military to law enforcement duties — but rather to safeguard federal property and federal agents.

Dershowitz contended that the Supreme Court would have limited options but to rule against Governor Newsom, referencing historical instances where the federal government employed the National Guard to uphold civil rights protections.

“My prediction is: the lawsuits will not succeed. They may proceed in the federal district court,” Dershowitz stated. “The governor of California will likely find a federal district judge, probably one he had a role in appointing, and you might see a district court judge issuing an injunction stating that the president of the United States cannot undertake this action.”

“This will be appealed immediately, but when the case reaches the Supreme Court of the United States, they would have little choice but to determine that the judiciary cannot interfere with the discretionary judgment of the executive head of the executive branch, the president, regarding the necessity of deploying troops,” Dershowitz further remarked.