Press Release

Senator Wiener Announces Legislation To Hold Federal & Other Officers Accountable For Lawlessness

SB 747 creates a first-in-the-nation right of action and damages under state law to hold federal, state, and local officials accountable for violating rights enshrined in the Constitution.

SAN FRANCISCO – Senator Scott Wiener (D-San Francisco) announced Senate Bill (SB) 747, The No Kings Act, legislation to hold federal, state, and local officers and government officials accountable for violating the Constitution. In recent years, the Supreme Court has gutted legal remedies for federal overreach that violates core rights guaranteed by the Constitution, such as free speech and equal protection. SB 747 closes this legal loophole by creating a right of action under California state law for violations of constitutional rights, giving Californians a robust new path to gain relief and hold government actors accountable for lawless behavior.

Under the No Kings Act, individuals can seek remedies for:

  • First Amendment Violations: Retaliating against a person for their protected speech, interfering with the free exercise of religion or the freedom of the press, or using excessive force to break up a peaceful protest
  • Fourth Amendment Violations: Conducting an unlawful search of a person’s home or an unreasonable seizure at a checkpoint without a warrant or probable cause, or using excessive force during arrest
  • Fifth Amendment/Equal Protection Violations: Unlawfully targeting individuals for enforcement actions or tax audits on the basis of race, national origin, or political identity

Lawlessness by the federal government has exploded during President Trump’s second term. Federal judges have issued over 200 orders halting Trump administration actions this year, with hundreds more still pending. This administration has attempted to use the power of the federal government to punish their political enemies, target immigrants and LGBTQ people, cut off university funding, illegally harass and deport people, and more, raising fundamental questions of how essential rights may be enforced when the federal government tosses the Constitution aside.

Since the 1970s, people harmed by the federal government have sought justice through “Bivens actions,” a right to sue created by the Supreme Court in Bivens v. Six Unknown Named Agents (1971). But in recent years, the Supreme Court has sharply limited Bivens actions, giving federal officers de facto immunity from prosecution for willful violations of constitutional rights. SB 747 restores a right of action to Californians who suffer from illegal acts by federal officials, providing a critical check on federal lawlessness in the second Trump era.

“Californians need a way to stand up to this Administration’s unprecedented disregard for their Constitutional rights,” said Senator Wiener. “The Trump Administration has used its power to racially profile people and illegally disappear them, to punish political opponents, and to cut off funding to universities — and this Supreme Court has handed them unchecked power to do so. Our rights mean little if government agents can violate them without consequences. While they take rights away, we will create a new path to justice through a clear legal remedy for willful violations of constitutional rights. As a lawless Administration attempts to shred the Constitution, it’s time we give it some teeth.”

In 1987, California enacted the Tom Bane Civil Rights Act to create a right of action for people whose constitutional rights were violated in limited circumstances. The Bane Act may only be used if rights were violated through threats, intimidation, or coercion, and it’s considered difficult to litigate. SB 747 expands the Bane Act to cover all constitutional violations.

SB 747 creates a new remedy for any deprivations of constitutional rights, privileges, or immunities under color of federal or state law. Under SB747, individual plaintiffs will be able to bring a lawsuit for monetary damages against any federal, state, and local officer who violates their constitutional rights so that victims of unconstitutional conduct have a path to justice and that no officer is above the law.  

“Every day, our communities face intimidation, racial profiling, and unlawful enforcement actions that tear families apart. SB 747 finally creates a real path to accountability. No officer should be able to violate people’s constitutional rights with impunity,” said Hector-Andree Pereyra, Policy Manager at the Inland Coalition for Immigrant Justice. “Immigrant communities deserve more than promises, they deserve real protection backed by enforceable accountability. SB 747 is an essential step toward restoring trust, defending fundamental rights, and making clear that no level of government is above the Constitution. We are proud to work with Senator Wiener for ensuring that immigrant communities, and all Californians, have a tool to defend their dignity and demand justice.”

The bill’s constitutionality is supported by preeminent legal scholars from across the ideological spectrum. Because the Constitution is the “fundamental and paramount law of the nation,” by definition unconstitutional acts cannot be authorized by federal law and therefore do not preempt state law.

“The Bane Act is a pathbreaking statute that already allows victims of government abuse to sue for violations of individual rights, whether under the California Constitution or the United States Constitution,” said Anya Bidwell, Senior Attorney at the Virginia-based Institute for Justice. “This amendment broadens the statute’s reach and reclaims California’s rightful place as a traditional forum for accountability.”

“No one – not even a federal agent – is above the Constitution. The No Kings Act will enshrine this bedrock principle into California law," said Cristine Soto DeBerry, Executive Director of Prosecutors Alliance Action. "More and more, we're seeing federal agents terrorize communities, rip families apart, and subject people to unconscionable conditions. California will not stand by while our residents are brutalized and the rule of law is ignored. This bill is how we defend the Constitution – and the people it’s meant to protect.”

SB 747 is sponsored by Protect Democracy United, Prosecutors Alliance Action, and the Inland Coalition for Immigrant Justice.

 

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