California moves to fund state justice department, prep litigation for incoming Trump admin: report

California is bracing for potential legal battles against President-elect Donald Trump’s incoming administration, with Governor Gavin Newsom vowing last week that the state will not be caught “flat-footed” despite claiming he hopes that “there’s not one lawsuit with the Trump administration.” 

The legislature has a special session planned for appropriating funds to the California Justice Department and other agencies before Trump takes office, Politico reported.

During Trump’s first term, California’s Department of Justice (DOJ) significantly ramped up its legal efforts, with then-Attorney General Xavier Becerra filing over 100 lawsuits challenging federal policies on issues such as healthcare, immigration, and the environment. The department’s annual litigation budget of $2.5 million more than tripled during that time. 

Now, Attorney General Rob Bonta and the California DOJ are preparing for another round of legal confrontations. The outlet detailed how the state plans to navigate potential changes under Trump’s second term. 

“California’s DOJ requires significant research to build a case. For example, if Trump and his administration were to make changes to the Medicaid program, that would affect who would be covered in California,” the report explained. “To challenge such changes, the state’s justice department would need to work with various state agencies to develop evidence, establish harm (and identify who would be affected) and find experts to testify to those facts in federal court.” 

Bonta’s office is arguing that such litigation often recovers more money than it costs. For instance, blocking a citizenship question from the 2020 census led to $850,000 being returned to the federal government. Similarly, immigration-related cases during Trump’s first term resulted in California recouping nearly $30 million in 2017 and 2018.

The California DOJ, which employs 5,176 people—including 1,390 lawyers—faces potential capacity challenges. Each case typically requires multiple attorneys, and officials warn that a surge in lawsuits could stretch resources thin. 

The department’s spokesperson, Joanne Adams, explained that the attorneys already have full caseloads. Additionally, Politico noted that while Bonta’s office has experience arguing in the Ninth Circuit Court of Appeals, Trump litigation could require them to argue in less favorable jurisdictions like the Fifth Circuit, which would require additional staffing, overtime, and travel expenses.

California’s DOJ office expects healthcare, the environment, immigration, and civil rights to remain the key areas of focus. During Trump’s first term, the office joined or filed 16 immigration-related lawsuits, 12 healthcare cases, and more than 70 environmental challenges.