Is California’s battle against Trump a PR stunt? Here’s what Newsom’s ex-chief of staff says

Like other states with both Democratic governors and attorneys general, California is poised to play a major role in opposing President-elect Donald Trump’s conservative agenda when he takes office next year.

Gov. Gavin Newsom and Attorney General Rob Bonta have said that they intend to be ready. The governor has called for a special session of the California Legislature for the sole purpose of making sure the state Attorney General’s Office is adequately funded for the coming legal challenges.

“The freedoms we hold dear in California are under attack — and we won’t sit idle,” Newsom said in his session announcement, as The Bee reported at the time. “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.”

Bonta’s office issued a statement to The Bee, saying, “President Trump has made no secret of his agenda for his second term. We’re taking him at his word when he tells us what he plans to do: Whether that be attempting to carry out mass deportations, threatening civil rights, or restricting access to essential reproductive care. But fortunately, and unfortunately, we have four years of Trump 1.0 under our belts. We know what to expect, and we won’t be caught flat-footed. “

The Bee recently spoke with former Newsom Chief of Staff Ann O’Leary, who from her base in San Francisco is a partner with the law firm Jenner & Block, where she advises clients (including businesses and elected officials) on the interplay between federal, state and local law.

Here’s what she had to say about the coming battle between California and Trump:

What sort of litigation will we see from Newsom and Bonta, or their successors in 2027, in response to Trump, and what role will it play on the national political stage?

O’Leary gave “kudos” to her former boss for not waiting to call a special session. She said the governor is not just pushing back against the president-elect’s stated goals but also is promoting a positive agenda for the Golden State.

She said that Newsom and former state Attorney General Xavier Becerra “were extremely successful” in fighting back against the first Trump administration’s agenda.

One example of success? Becerra’s challenge of Trump’s plan to end the Deferred Action for Childhood Arrivals program, also known as DACA, which the Supreme Court rejected. Other lawsuits, such as California’s legal challenge of Trump’s limitations on travel from majority Muslim countries, also known as the “Muslim travel ban,” met with initial success but ultimately the Supreme Court sided with Trump.

“I think we’re going to see more of that, but I think the difference this time is the aggressiveness of the Trump team is going to be much greater,” O’Leary said.

To that end, O’Leary said it will be important for Newsom and Bonta to take an even more aggressive approach.

She said that while Republicans control both the White House and Congress, and there’s a 6-3 conservative majority on the U.S. Supreme Court, but “if you look at the states, nearly half the states have a Democratic governor.” Twenty-seven states have Republican governors and 23 have Democratic governors.

Several, including Arizona, California, Michigan, North Carolina and Washington state, have both a a Democratic governor and attorney general, making them likely leaders in the coming political fight.

“Just because Trump won decisively, half of the country still believes in the vision of (President Joe) Biden and (Vice President Kamala) Harris,” she said.

O’Leary said Biden did a good job of getting federal judges confirmed to the bench, including in California. She said the U.S. District Court for the Northern District of California will likely be a key battleground for the state’s challenges of Trump’s policies.

How effective is this litigation in the face of a 6-3 conservative majority Supreme Court? What makes this litigation more than just a PR tactic for would-be 2028 Democratic presidential contenders?

O’Leary disagreed with the characterization of what Newsom, Bonta and their Democratic counterparts in other states are doing is a PR stunt.

She said that there are real reasons to oppose Trump, and that there are important conversations to be had by party officials in the coming months about how to approach the incoming president.

She said California is at real risk under Trump. The state has a number of federal waivers “in order to do the creative work we do in California,” she said.

This is especially notable for California’s waiver to pursue more stringent clean air regulations for vehicles, and the state’s policy goal of getting to 100% of all new vehicles being electric by 2035. O’Leary said there are real questions about whether the Trump administration will make it more challenging for California to move forward.

“They will be under attack, and that’s why again I just reject this idea that it’s a PR stunt,” she said.

What do you say to a president with a history of showing disregard for, or playing fast and loose with, the law, such as Trump? What does the law mean in this political paradigm?

“That is why it’s critical that we continue to rely on courts and the rule of law,” O’Leary said.

She said that one area where Trump may really test the law is mass deportation — on the campaign trail, Trump pledged to carry out the largest deportation campaign in American history, removing millions of unauthorized or undocumented immigrants from the country.

O’Leary said Trump may try to use the California National Guard as a deportation force, adding that Newsom and Bonta must push back against any such effort.

“We are going to test the court system to ensure that the rule of law stands up, but I think it is going to be a real battle over the next months,” she said.

O’Leary added that the Republican-controlled executive branch, with help from the GOP-dominated legislative branch, will likely work to pursue deregulation, making state regulatory actions “all the more important.”

“We really have the ability, as California always has been, in some sense a nation-state in terms of being a real leader,” she said, adding that people will look to California to lead.

If you were still Newsom’s chief of staff, what would you advise him to do about Trump?

O’Leary said that Newsom has to walk a fine line with the Trump administration.

On one hand, she said he needs to push back against the incoming president, but on the other hand he needs to be able to parter with Trump when necessary.

O’Leary said Newsom has been good about threading that needle, such as when wildfires devastated the state and when California partnered with the federal government to tackle the COVID-19 pandemic.

“The interesting thing about Newsom is he continues to be able to build on that,” she said.

O’Leary said Newsom needs to not lose sight “that there are going to be times when you have to continue having a federal partnership.”

She also called on the public to show its support for Democratic governors and attorneys general in the coming years.

“These are our leaders, not just in our states, but these are our national leaders,” she said.

This story was originally published November 25, 2024 at 5:00 AM.