California to Commence Special Session to Prepare for Potential Federal Litigation

Earlier today, Gov. Gavin Newsom announced a special legislative session aimed at equipping California with the financial and legal resources needed to defend its policies and values in anticipation of potential challenges from the incoming Trump administration. This session will provide immediate budget authority for the California Department of Justice and other state agencies to uphold California’s laws in court and potentially join multistate litigation opposing federal actions. This approach mirrors the proactive steps the California State Legislature took in 2016, prior to the first Trump administration.
 

Key Focus Areas

The proclamation calling for the special session does not specify exact litigation efforts but emphasizes several areas California is prepared to defend:

• Reproductive rights: Safeguarding state laws ensuring access to reproductive health services.
• Clean vehicle policies: Preserving California’s strict vehicle emissions and environmental standards.
• Deferred Action for Childhood Arrivals (DACA): Protecting the rights of DACA recipients and California's broader immigrant community.
• Immigration policies: Contesting federal actions that may lead to family separation.
• Disaster response: Supporting California’s established disaster recovery policies and resources.

Legislative Timeline

The Senate will commence this special session on Monday, Dec. 2, 2024, as it organizes for the 2025-26 legislative session. The special session will continue concurrently with the regular session, set to start in January.
 

Implications for Clients

As with all special sessions, only legislation pertinent to the governor’s outlined priorities will be introduced. Clients should expect potential shifts in regulatory enforcement, budget allocations and possible new legal precedents stemming from litigation. We recommend monitoring developments closely, and our team will provide updates on any legislative changes relevant to your interests.

Please reach out if you have specific concerns or need guidance on how this may impact your organization.

This document is intended to provide you with general information regarding an upcoming special session of the California State Legislature. The contents of this document are not intended to provide specific legal advice. If you have any questions about the contents of this document or if you need legal advice as to an issue, please contact the attorneys listed or your regular Brownstein Hyatt Farber Schreck, LLP attorney. This communication may be considered advertising in some jurisdictions. The information in this article is accurate as of the publication date. Because the law in this area is changing rapidly, and insights are not automatically updated, continued accuracy cannot be guaranteed.