A new session of the state legislature kicked off Monday with a flurry of proposals by Democrats to position the state government as a bulwark against the incoming administration of President-elect Donald Trump.
Opening day ceremonies at the Capitol, marked by celebratory galas and oaths of office, shifted to announcements of legislation to fund future lawsuits against the Trump administration and protect abortion access. But humbled by the results of the November election, in which Republicans made small gains in both houses of the legislature, Democratic leaders vowed to renew their focus on increasing affordability.
“Our constituents told us two very important things in November,” Assembly Speaker Robert Rivas (D-Hollister) said.
Balancing resistance to federal overreach while addressing economic concerns will be an ongoing challenge for state leaders whose response to the incoming administration is sure to garner national attention.
Legislation announced Monday would ready the state for potential legal battles with the federal government over issues such as immigration, reproductive rights and environmental regulations by setting aside $25 million for anticipated legal costs. A companion measure would allocate $500,000 for lawyers to immediately begin preparing cases.
“While we always hope to collaborate with our federal partners, California will be ready to vigorously defend our interests and values from any unlawful action by the incoming Trump Administration,” said Assemblymember Jesse Gabriel (D-Encino), who authored both bills.
Gov. Gavin Newsom called a special session to consider both proposals and establish a legal response strategy before Trump takes office on Jan. 20. During Trump’s first term in office, California filed more than 100 lawsuits challenging administration moves on health care, carbon emissions standards and protections for undocumented residents who arrived in the country as kids.
“As we think about the resistance, I really do believe that we have to get ready, and we are ready,” said Assemblymember Sade Elhawary, a Democrat newly elected from a Los Angeles district. “But in a real way, it can’t just be about resistance to the man in the White House … our constituents are most impacted by what we do, not by what’s done there.”
The special session will run alongside the regular legislative session, with the bulk of the work likely to take place when the legislature returns to Sacramento in January. However, bills passed in the special session can take effect more quickly than normal legislation — and Gabriel said he hoped the legal funding would be in place before Trump’s inauguration.
Alongside Attorney General Rob Bonta, a handful of Democratic lawmakers also announced bills to protect the distribution of abortion medication. One bill would shield manufacturers and healthcare providers from liability within California if the federal government ended protections for pills such as mifepristone. Another bill would allow the state Attorney General to pursue penalties against cities that block abortion providers from opening in their jurisdiction.
The urge among Democratic lawmakers to fortify a resistance to the federal government risks sending the wrong message to voters after an election in which Trump gained ground in counties across the state, said Mike Gatto, a former Democratic Assembly member.
“I think that there are so many issues that the public wants us to tackle, and I don’t think paying more lawyers is high atop that list,” said Gatto, while adding that the proposal for new legal resources could have been approved without a special session. “There’s no reason to focus on the funding for the attorney general’s office at this point unless you want a headline — and it is clear that a headline was secured.”
Republicans largely criticized the moves to position the state in opposition to Trump.
“There’s a litany of issues that we need to work together on,” said Assemblymember Jeff Gonzalez, a newly elected Republican representing Imperial County and parts of Riverside County. “To start off this legislative session saying ‘us and them’ — that’s not going to work out. We need to come together.”
In November, the GOP captured two seats in the legislature: a Senate seat in Orange County and the 36th district Assembly seat that Gonzalez flipped. The party appears likely to flip a third seat, also in the Inland Empire, in a race that has yet to be called.
Gonzalez said issues of affordability helped drive voters in Imperial County away from Democrats. In 2016, Hillary Clinton won the county by 42%, a margin that shrunk to 24% for Biden in 2020. This year, Trump appears to have won the district by just over 300 votes.
“People are fed up with the policies that have put them in a place where they can’t afford milk, they can’t afford eggs, and they can’t afford gas,” he said. “So they’re tired of the same old, same old.”