Newsom asks state legislature for $25M legal defense fund before Trump takes office

SACRAMENTO, Calif. -- In anticipation of lawsuits against the incoming Trump administration, Gov. Gavin Newsom is asking state legislators to set aside $25 million to create a litigation fund.

The money will be set aside for the California Department of Justice to fight the federal government in the courts, the governor's office said Monday, with the goals of safeguarding "critical funding for disaster relief, health care and other vital services" Californians depend on.

During Trump's first term, California filed more than 120 such suits, costing the state about $42 million.

It comes on the first day of the regular 2025-2026 legislative session, in which lawmakers also gaveled in for the special session that Newsom called to "Trump-proof" the state.

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Assembly Minority Leader James Gallagher, R-Chico, said the special session is "tone deaf" to the millions of Californians who voted for Trump in the Nov. 5 election.

"Gavin Newsom wants to run for president. That's what this is about. He wants to fight Trump. He wants to be the progressive darling," he said. "Let's get serious about the issues affecting everyday Californians."

Attorney General Rob Bonta said he would welcome the extra money for litigation, but called it "a start."

"We know we will need to use it prudently and wisely, whatever they provide will be needed and used," Bonta said. "It's based on what Trump does, that will dictate everything we do."

Lawmakers briefly gaveled in and out to commence the special session Monday but did not discuss any of the related proposals specifically.

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Assembly Speaker Robert Rivas wants to prioritize "affordability" this session.

Monday's procedures were largely ceremonial, with the swearing-in of new members, adoption of chamber rules and election of leaders.

For a second term, Speaker Rob Rivas, D-Salinas, will take back the gavel after members elected him in a 59-19 vote. Republicans nominated Minority Leader Gallagher for speaker, but he lost with the Democrats' supermajority.

In his victory speech, Rivas talked about Democrats' underperformance in the November election as reasons for a shift in his priorities for the regular session.

"Our constituents, they don't feel the state of California is working for them. That is their lived experience in this moment," Rivas said. "Our task is urgent and clear. We must chart a new path forward by focusing on affordability."

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For that reason, Rivas lowered the cap on the number of bills lawmakers can introduce in a single session to 35 from 50 so the Assembly can focus its bandwidth on these issues.

"Everyone in this room has good ideas...but we all know our time and energy here are limited," he said.

The speaker called affordable housing the "civil rights struggle of our time," imploring his colleagues to work on legislation aimed at building more housing and lowering costs.

Some Republicans welcomed Rivas' remarks but were skeptical about the delivery.

"I agree with that spirit. Let's lower costs. Let's make sure we're building more housing. Let's have a smart climate policy that's balanced. But let's actually do it with new legislation and legislation that actually does that for Californians," Gallagher said.

Rivas noted that the other important message voters sent was affirmation for issues like LGBTQ+ and reproductive rights - after the electorate approved propositions to enshrine abortion rights and same-sex unions in California's Constitution in the past two elections.

Actions taken by the special session would take effect in the new year shortly before Trump is sworn in on Jan. 20. Newsom's office said it expects committee hearings on bills related to the special session in the coming weeks.