2 weeks ago

How California has been ‘Trump-proofing’ itself against federal reprisal

California prided itself on its resistance to Donald Trump during his first term as president and will hardly have to scramble to assume the same role a second time around.

Indeed, as a bastion of Democratic party strength in a country moving sharply to the right, it has been preparing for this moment for a long time.

“California will continue to be at the forefront of progress, the fulcrum of democracy, the champion of innovation, and the protector of our rights and freedoms,” Adam Schiff, the state’s newly elected senator and a frequent target of Trump’s wrath, promised supporters on election night.

Even with Trump out of power since 2021, California has been setting up guardrails to protect its resident’s rights under an adversarial federal government. The state has enshrined abortion rights in its constitution, passed a ballot initiative explicitly defending the right of same-sex couples to marry and pushed for tougher gun laws that still adhere to the supreme court’s narrow interpretation of the right to bear arms.

It has even considered establishing state funding to meet the cost of wildfires, earthquakes and other natural disasters in case the Trump administration decides to withhold emergency funds from states it deems to be politically hostile, as it sometimes did during its 2017-21 term.

“We’ve been Trump-proofing the place,” said Elizabeth Ashford, a political consultant who has worked for governors on both sides of the aisle and was Kamala Harris’s chief of staff when she was California’s attorney general. “The work … has been to put measures in place that can withstand shifts in Washington and on the supreme court. These projects have been going on for years.”

Asked how ready she thought California was for the new administration, Ashford said: “On a scale from one to 100, we’re starting at about 90.”

California is both the most populous US state and its most powerful economy, making it an unusual counterweight to the power of the federal government. It has, for example, negotiated directly with car manufacturers over tailpipe emission standards, thus circumventing the avowed desire of Trump’s allies to end a long-established rule that allows the state to set its own standards.

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Where it cannot work around the federal government, it can seek to challenge any hint of government overreach in the courts, as it did more than 130 times during the first Trump administration. Rob Bonta, the state attorney general, told the policy news outlet CalMatters last week that his team had prepared briefs and tested arguments on a range of issues – everything from limits on abortion medication to gun laws and upholding the civil rights of transgender young people.

“The best way to protect California, its values, the rights of our people, is to be prepared,” Bonta told CalMatters. “Unfortunately, it’s a long list.”

In a statement on Wednesday, Bonta said California will “continue to move forward driven by our values and the ongoing pursuit of progress”. He added: “I’ll use the full force of the law and the full authority of my office to ensure it.”

It is unlikely to take long for California and the new administration to butt heads. Gavin Newsom, California’s governor, has a long record as a Trump antagonist and spent much of the election campaign traveling the country to promote Democratic candidates – all of which makes him a likely lightning rod for Trump’s ire.

A person inserts an envelope into a drop box

Trump has called Newsom “one of the worst governors in the country” and nicknamed him “New-scum”. Their rivalry is also personal, since Newsom’s ex-wife, Kimberly Guilfoyle, is engaged to Donald Trump Jr.

In a brief statement on Wednesday, Newsom said California will seek to work with the incoming president. “Let there be no mistake,” he added, “we intend to stand with states across our nation to defend our constitution and uphold the rule of law.”

Trump’s former staffers have made little secret of their wish to disrupt the Democratic party’s stranglehold over California politics and have spelled out their intentions in documents like the Project 2025 blueprint that became a lightning rod during the election campaign. Despite Trump’s attempts to distance himself from it, California officials have studied Project 2025 carefully and are assuming it will form the policy backbone of the new administration. One California congressman, Jared Huffman, has described it as a “dystopian nightmare”.

There are several ways in which the state can try to disrupt that nightmare. During Trump’s first presidency, for example, state agencies including the California highway patrol refused to cooperate with Immigration and Customs Enforcement, the federal agency tasked with aggressive round-ups of immigrants without papers. Police in so-called “sanctuary cities” were similarly protective of their immigrant populations.

For all the preparation, though, state officials fear that the new Trump administration will be more organized and more radical than the old one, and that it will have more of a political mandate since a groundswell of California voters – many more than in 2020 or in 2016 – have indicated they are sympathetic to parts of the Trump agenda.

Newsom said last week he was particularly concerned about the prospect of widespread raids on immigrants, which could prove devastating to the immigrant-dependent California economy including the vast agricultural concerns based largely in the inland Central valley.

There may be other parts of the Trump agenda which, if enacted, could prove difficult to reverse – a national abortion ban passed by Congress, say, or a repeal of the Obama-era Affordable Care Act. And that has many advocacy groups deeply worried about the vulnerable populations they serve.

“Our community is feeling very anxious and uncertain,” said Terra Russell-Slavin, a lawyer with the Los Angeles LGBT Center, “particularly given the number of attacks that Trump has explosively targeted toward the LGBTQ community and specifically the trans community.”

In response, Russell-Slavin said her organization was working with state and local governments to find alternative funding streams should the federal government cut back on gender-affirming healthcare or homelessness services or senior services. “We’re very fortunate that our lawmakers are overwhelmingly supportive,” she said. “We are very confident they will fight for protections for us.”

Will that be enough? For now, California officials are showing their teeth and vowing to fight. But Newsom, for one, is under no illusions about how much is at stake. “No state,” he said last week, “has more to lose or more to gain in this election.”

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