Bonta

California sued the U.S. Justice Department on Monday over its demand last week that local school districts ban transgender youth from competing in sports, arguing the federal agency had overstepped its authority in violation of both state and federal law.

The “pre-enforcement” lawsuit was filed “in anticipation of imminent legal retaliation against California’s school systems” for not complying with the agency’s directive by its Monday deadline, said California Atty. Gen. Rob Bonta’s office, which is handling the litigation.

“The President and his Administration are demanding that California school districts break the law and violate the Constitution — or face legal retaliation. They’re demanding that our schools discriminate against the students in their care and deny their constitutionally protected rights,” Bonta said in a statement. “As we’ve proven time and again in court, just because the President disagrees with a law, that doesn’t make it any less of one.”

The lawsuit comes a week after Assistant Atty. Gen. Harmeet Dhillon, a Trump appointee and head of the federal Justice Department’s Civil Rights Division, sent a letter to school districts across California warning them that they faced potential “legal liability” if they did not “certify in writing” by Monday that they will break with California Interscholastic Federation rules and state law to ban transgender athletes from competition in their districts.

Dhillon argued that allowing transgender athletes to compete “would deprive girls of athletic opportunities and benefits based solely on their biological sex,” in violation of the U.S. Constitution.

State Supt. of Public Instruction Tony Thurmond responded last week by saying in his own letter to schools that Dhillon’s warning carried no legal weight and that school districts were still obligated to follow state law, which requires transgender athletes be allowed to compete on teams based on their gender identity.

The California Department of Education sent a letter to federal authorities Monday, informing them that California’s school districts are under no obligation to provide certifications to the Justice Department.

“There are no changes in law or circumstances that necessitate a new certification,” wrote General Counsel Len Garfinkel. “Moreover, the DOJ letter references no law that would authorize the DOJ to require another ‘certification.’”

“All students — not just transgender students — benefit from inclusive school environments that are free from discrimination and harassment,” Garfinkel added. “When transgender students are treated equally, their mental health outcomes mirror those of their cisgender peers.”

Bonta’s lawsuit asks a federal court in Northern California to uphold the constitutionality of California’s antidiscrimination laws protecting transgender athletes, and to bar the Trump administration from withholding funds or taking other retaliatory actions against school districts that refuse to abide by the Trump directive.

The lawsuit falls along one of the fastest growing legal and political fault lines in America: Does the equal protection clause of the 14th Amendment — the Constitution’s oft-cited guarantee against discrimination — protect transgender rights or undermine them?

Dhillon, other members of the Trump administration and anti-transgender activists nationwide have argued that the inclusion of transgender girls in youth sports amounts to illegal discrimination against cisgender girls.

Bonta’s office and other LGBTQ+ advocates argue that the exclusion of transgender girls is what constitutes illegal discrimination — and that courts, including the U.S. 9th Circuit Court of Appeals, which governs California and much of the American West, have agreed.

While Dhillon “purports that compliance with the Equal Protection Clause requires the categorical exclusion of transgender girls from girls’ sports, as courts have previously upheld, just the opposite is true: the Equal Protection Clause forbids such policies of total exclusion, as does California law,” Bonta’s office said.

State law that allows transgender students to participate in sports consistent with their identity “is squarely within the State’s authority to ensure all students are afforded the benefits of an inclusive school environment, including participation in school sports, and to prevent the serious harms that transgender students would suffer from a discriminatory, exclusionary policy.”

An attorney who supports keeping transgender athletes out of girls sports said the rights of female athletes are paramount in this situation.

Both the U.S. Constitution and federal statute provide protections for female athletes that California is violating by “allowing males into ‘girls only’ categories,” said Julie A. Hamill, principal attorney with California Justice Center, a law firm that has complaints pending with the federal Office for Civil Rights on behalf of young female athletes.

“By continuing to fan flames of division and play politics, leftist politicians and media outlets are causing further harm to American girls,” Hamill said.

Polls have shown that Americans generally support transgender rights, but also that a majority oppose transgender girls competing in youth sports. Many prominent advocates for excluding transgender girls from sports praised Dhillon’s actions last week as a bold move to protect cisgender girls from unfair competition.

Sonja Shaw, a Trump supporter who is president of the Chino Valley Unified Board of Education, has called on California school systems to adopt resolutions in support of the Trump administration order.

“The stakes couldn’t be higher,” Shaw said last week. “Our daughters deserve safe, fair competition … But radical policies are undermining that right, pushing boys into girls’ sports and threatening their opportunities. We’re not backing down.”

Shaw, a candidate for state superintendent of public instruction, said other school systems could model these resolutions on one passed by her school district.

A handful of the state’s 1,000 school districts have passed such resolutions.

The lawsuit’s claim that retaliation from the Trump administration could be imminent for schools that do not comply with the administration’s demands is not entirely speculative. It is based at least in part on repeated threats and actions the administration has already taken against states over its trans-inclusive sports policies.

President Trump has said outright that he wants to cut federal funding to California over its laws allowing transgender athletes to compete in youth sports. The federal Justice Department has announced investigations into the state and the California Interscholastic Federation over its inclusive policies for transgender athletes.

U.S. Atty. Bill Essayli in Los Angeles, a longtime ally of Dhillon and whose appointment has yet to be confirmed, recently threw his office’s support behind a private lawsuit challenging the inclusion of a transgender athlete on the track and field team at Martin Luther King High School in Riverside.

Dhillon issued her letter to California school districts after another transgender athlete from Jurupa Valley High School, 16-year-old AB Hernandez, won multiple medals at the state high school track and field championships despite President Trump demanding on social media that she not be allowed to compete.

The letter came despite attempts by the state to appease concerns.

After Trump’s online threats, for example, the CIF updated its rules for transgender competitors. As a result, Hernandez was allowed to compete at the state finals in the girls’ long jump, high jump and triple jump, but her qualifying did not result in the exclusion of any cisgender girl.

In addition, while Hernandez was awarded several medals, those medals were also awarded to cisgender girls who otherwise would have claimed them had Hernandez not been competing — with the girls sharing those spots on the medal podiums.

Supporters of the rule change said it eliminated concerns about cisgender girls losing opportunities to compete and win to transgender girls, but critics said the changes did not go far enough, and that transgender athletes needed to be fully banned from competition.

Dhillon’s letter demanding school districts certify that such bans were being implemented made no mention of the CIF’s rule change.

The California Department of Justice will investigate a fatal shooting by Los Angeles Police Department officers under a law that empowers the state attorney general to probe police shootings of unarmed people — despite the LAPD saying the man killed Tuesday was holding a gun.

At 10 p.m. Tuesday, officers responded to a reported shooting in an apartment building in the 1000 block of Ardmore Avenue in Koreatown, LAPD officials said in an unsigned statement.

As they entered the building, Ronald Gainer Jr. exited an apartment holding a handgun, officials said. The officers fired at Gainer, who retreated into the apartment.

The officers entered the unit and took Gainer into custody, according to the LAPD. Gainer, 35, died at a hospital, according to the L.A. County Medical Examiner’s office.

Officers found a handgun and discharged cartridge casings “at scene,” the LAPD said, along with a second gun and ammunition inside the apartment.

According to the police statement, Gainer was involved earlier that evening in a “domestic violence incident” with his girlfriend. After she fled, Gainer allegedly fired a gun into the air and toward a building, prompting the response by the officers who shot him, the LAPD said.

The LAPD’s Force Investigation Division was already probing the shooting — standard protocol for all uses of force by officers — when on Wednesday
California Atty. Gen. Rob Bonta announced his office was investigating as well.

In a press release, Bonta cited Assembly Bill 1506, which requires the state’s Department of Justice to investigate police shootings of unarmed people.

Alexandra Duquet, a spokeswoman for Bonta, said state prosecutors will investigate cases when it isn’t immediately clear whether the person killed had control of a weapon.

Assembly Bill 1506 defines “possession” of a weapon as being “under the civilian’s dominion and control at the time of the shooting.”

Agents from the Department of Justice’s Division of Law Enforcement will conduct an investigation separate from the LAPD’s and present their findings to prosecutors in Bonta’s office, who will make a decision to bring criminal charges.

If no case is filed, state prosecutors must release a report detailing the evidence and the legal reasoning for why charges were not warranted.

California and three other states petitioned the U.S. Food and Drug Administration Thursday to ease its new restrictions on the abortion pill mifepristone, citing the drug’s proven safety record and arguing the new limits are unnecessary.

“The medication is a lifeline for millions of women who need access to time-sensitive, critical healthcare — especially low-income women and those who live in rural and underserved areas,” said California Atty. Gen. Rob Bonta, who filed the petition alongside the attorneys general of Massachusetts, New York and New Jersey.

The petition cites Senate testimony by Health and Human Services Secretary Robert F. Kennedy Jr. last month, in which Kennedy said he had ordered FDA administrator Martin Makary to conduct a “complete review” of mifepristone and its labeling requirements.

The drug, which can be received by mail, has been on the U.S. market for 25 years and taken safely by millions of Americans, according to experts. It is the most common method of terminating a pregnancy in the U.S., with its use surging after the Supreme Court overturned Roe vs. Wade in 2022.

The Supreme Court upheld access to the drug for early pregnancies under previous FDA regulations last year, but it has remained a target of anti-abortion conservatives. The Trump administration has given Kennedy broad rein to shake up American medicine under his “Make America Healthy Again” banner, and Kennedy has swiftly rankled medical experts by using dubious science — and even fake citations — to question vaccine regimens and research and other longstanding public health measures.

At the Senate hearing, Kennedy cited “new data” from a flawed report pushed by anti-abortion groups — and not published in any peer-reviewed journal — to question the safety of mifepristone, calling the report “alarming.”

“Clearly, it indicates that, at very least, the label should be changed,” Kennedy said.

Sen. Josh Hawley (R-Mo.) on Monday posted a letter from Makary to X, in which Makary wrote that he was “committed to conducting a review of mifepristone” alongside “the professional career scientists” at the FDA.

Makary said he could not provide additional information given ongoing litigation around the drug.

The states, in their 54-page petition, wrote that “no new scientific data has emerged since the FDA’s last regulatory actions that would alter the conclusion that mifepristone remains exceptionally safe and effective,” and that studies “that have frequently been cited to undermine mifepristone’s extensive safety record have been widely criticized, retracted, or both.”

Democrats have derided Kennedy’s efforts to reclassify mifepristone as politically motivated and baseless.

“This is yet another attack on women’s reproductive freedom and scientifically-reviewed health care,” Gov. Gavin Newsom said the day after Kennedy’s Senate testimony. “California will continue to protect every person’s right to make their own medical decisions and help ensure that Mifepristone is available to those who need it.”

Bonta said Thursday that mifepristone’s placement under the FDA’s Risk Evaluation and Mitigation Strategy program for drugs with known, serious side effects — or REMS — was “medically unjustified,” unduly burdened patient access and placed “undue strain on the nation’s entire health system.”

He said mifepristone “allows people to get reproductive care as early as possible when it is safest, least expensive, and least invasive,” is “so safe that it presents lower risks of serious complications than taking Tylenol,” and that its long safety record “is backed by science and cannot be erased at the whim of the Trump Administration.”

The FDA has previously said that fewer than 0.5% of women who take the drug experience “serious adverse reactions,” and deaths are exceedingly rare.

The REMS program requires prescribers to add their names to national and local abortion provider lists, which can be a deterrent for doctors given safety threats, and pharmacies to comply with complex tracking, shipping and reporting requirements, which can be a deterrent to carrying the drug, Bonta said.

It also requires patients to sign forms in which they attest to wanting to “end [their] pregnancy,” which Bonta said can be a deterrent for women using the drug after a miscarriage — one of its common uses — or for those in states pursuing criminal penalties for women seeking certain abortion care.

Under federal law, REMS requirements must address a specific risk posed by a drug and cannot be “unduly burdensome” on patients, and the new application to mifepristone “fails to meet that standard,” Bonta said.

The states’ petition is not a lawsuit, but a regulatory request for the FDA to reverse course, the states said.

If the FDA will not do so nationwide, the four petitioning states asked that it “exercise its discretion to not enforce the requirements” in their states, which Bonta’s office said already have “robust state laws that ensure safe prescribing, rigorous informed consent, and professional accountability.”

After losing last month in Orange County Superior Court, the state of California is asking a state appellate court to overturn a Huntington Beach measure that could require voters to present photo identification to cast ballots in local elections.

Atty. Gen. Rob Bonta and Secretary of State Shirley N. Weber, the state’s top elections official, have been tangling with Huntington Beach in court for more than a year over Measure A, which amends the city charter to say that local officials “may” require photo ID for municipal elections starting in 2026.

In April, Orange County Superior Court Judge Nico Dourbetas said the state had not shown that “a voter identification requirement compromises the integrity of a municipal election.” Huntington Beach Mayor Pat Burns called the ruling a “huge victory.”

Bonta appealed Wednesday to the 4th Appellate District, where the state hopes for a more favorable hearing. In February, a three-judge panel from the 4th District said that Huntington Beach’s assertion of a “constitutional right to regulate its own municipal elections free from state interference” was “problematic,” but kicked the case back down to Orange County Superior Court.

More than 53% of Huntington Beach voters supported the charter amendment in the March 2024 election.

The amendment also requires that Huntington Beach provide 20 in-person polling places and to monitor ballot drop boxes. The city has not shared plans on how the law could be implemented in next year’s elections.

A representative for Huntington Beach didn’t respond to requests for comment Thursday. The city’s lawyers have argued that the city charter gives local officials autonomy to oversee municipal issues, including local elections.

Bonta and Weber contend that while California’s 121 “charter cities” can govern their own municipal affairs, local laws can’t conflict with state laws on issues of “statewide concern,” including the integrity of California elections and the constitutional right to vote.

The voter ID law is one of several fronts in the ongoing battle that conservative officials in Huntington Beach have waged against California since the start of the COVID-19 pandemic. The city has used similar arguments about its charter city status in fights over state housing laws, education policies for transgender students and “sanctuary state” immigration laws.

The issue of voter ID has become a flashpoint with conservative politicians, including President Trump, who in January demanded that California enact a voter ID law in order to receive aid for the devastating Los Angeles area wildfires.

California voters are required to verify their identities when they register to vote, and the state imposes criminal penalties for fraudulent registration. California does not require photo identification at the polls but does require that voters provide their names and addresses.

The photo ID measure may also be invalidated by Senate Bill 1174, which Gov. Gavin Newsom signed last fall, which bars local election officials from requiring photo identification in elections.

California on Wednesday joined 15 other states filing suit against the National Science Foundation and its acting director, alleging the agency has illegally terminated millions of dollars in grants and imposed new fees that have ended or crippled research vital to health, the economy and the advancement of knowledge.

The Trump administration has defended its actions as both legal and necessary to align the NSF with the president’s priorities.

The lawsuit, filed in federal court in the Southern District of New York, specifically targets the science foundation for “terminating grants for scientific research that seeks to promote and understand diversity in higher education and the workforce,” according to a statement from California Atty. General Rob Bonta.

The suit alleges that the NSF’s actions are illegally arbitrary and capricious and violate federal law on the management and use of federal funding.

Bonta’s office asserted that between 1995 and 2017, the number of women in science and engineering occupations, or with science or engineering degrees, doubled with help from federal support; minorities, meanwhile, went from representing about 15% in the occupations to about 35%.

The suit also seeks to overturn the Trump administration’s 15% cap on indirect costs related to research, which universities say are critical to carrying out their work. Such indirect costs include maintaining lab space, keeping the temperature controlled and the proper handling and disposal of biological, chemical and biochemical materials.

Like other key federal agencies, the National Science Foundation has been in turmoil since Trump took office in January — undergoing across-the-board funding cuts, layoffs and reorganization as well as apparent ideological litmus tests for research, sweeping grant terminations and a funding freeze on grant applications.

The Trump administration has fired back at critics.

Earlier this month Michael Kratsios, the director of the Office of Science and Technology Policy, criticized diversity, equity and inclusion initiatives in federally funded research, calling them “close-minded” in a speech before the National Academy of Sciences in Washington.

Kratsios also called for a reduction of “red tape” in scientific research, the online news site FedScoop reported. He said there is a “crisis of confidence in scientists” that comes from fears that political biases are impacting research.

Trump officials also have repeatedly maintained that the federal government is rife with waste and fraud.

The federal actions have come at extreme cost, according to Bonta.

“President Trump wants to make America’s universities second tier with his backwards efforts to slash research funding that has kept us on the cutting edge of science and innovation,” Bonta said. “For more than 50 years, Congress has expressly authorized the National Science Foundation to train up the next generation of talent and invest in the infrastructure necessary to keep our position as a global leader” in science, technology, engineering and math.

“With President Trump’s latest round of indiscriminate funding cuts, America is poised to fall behind its competitors at a critical moment in the global technology race. We’re suing to stop him,” Bonta said.

In California, billions of dollars are at risk across the California State University, University of California and public community college systems.

“Many innovations — like the internet, GPS, and MRI technology — trace their origins to research initially funded by NSF. Without NSF funding, many California colleges and universities will be forced to substantially reduce or stop altogether potentially groundbreaking programs and research projects,” according to Bonta’s office.

Terminated NSF grants, for instance, include a five-year, $3-million project, “Computational Research for Equity in the Legal System.” This study examined crime data for patterns of racial bias while also looking at police misconduct and eviction policies, the San Francisco Chronicle reported.

Canceled UC Berkeley grants included projects on electoral systems and two on environmental science education.

The NSF has also told staff to screen grant proposals for “topics or activities that may not be in alignment with agency priorities” that had shifted under the Trump administration, the journal Nature reported.

The lawsuit lays out a wide range of benefits and goals of the federal funding.

“From developing AI technology that predicts weather patterns to protect communities, to developing sustainable solutions for environmental and economic challenges, to making power grids more sustainable, NSF-funded research at American universities ensures this nation’s status as a global leader in scientific innovation,” according to the lawsuit.

The other states involved in the litigation are Hawaii, New York, Colorado, Connecticut, Delaware, Illinois, Maryland, Massachusetts, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Wisconsin and Washington.

The pattern of federal cuts and turmoil related to research also is playing out with the National Institutes of Health. And California also is party to a lawsuit over cuts to these grants.

Tara Kerin, a project scientist who works in pediatric infectious disease research at UCLA’s David Geffen School of Medicine, said that the funding cuts at the National Science Foundation echoed similar ones made at the National Institutes of Health.

That, she said, makes her “very nervous about the future of science and research.”

Kerin, whose work has partly focused on HIV prevention and detection in young adults, was funded by NIH grants — until they were cut this spring.