A divided federal appeals court for the 9th Circuit has made a significant ruling today, overturning a temporary restraining order that was previously established by a federal judge in Portland. This decision removes the legal barrier that was preventing the Trump Administration from deploying National Guard troops to Portland. The court's majority opinion concluded that it is likely that the President acted within his legal authority, referencing 10 U.S.C. § 12406(3), which allows for the federalization of the National Guard when the President is unable to use regular forces to enforce U.S. laws.
This ruling comes amid a series of authorizations from President Trump to deploy National Guard troops to various American cities, including Los Angeles, Washington D.C., and Chicago. Trump has asserted that these deployments are essential for the protection of U.S. Immigration and Customs Enforcement (ICE) agents and for reducing crime rates. On October 16, a different federal appeals court upheld a prior district court ruling in Illinois, temporarily blocking the President's federalization and deployment of the National Guard in that state. The Trump administration has since sought intervention from the Supreme Court.
On September 28, the Trump administration federalized 200 members of the Oregon National Guard after the President described Portland on social media as a city “war-ravaged” and under siege by Antifa and other domestic terrorists. This characterization has been contested by local and state officials, residents, and journalists who are familiar with the situation on the ground. Oregon Governor Tina Kotek publicly criticized the President's portrayal as ludicrous, highlighting that the city was bustling with activity during events like the Portland Marathon.
The federal government argued in court documents that the National Guard's presence is crucial for protecting an ICE facility in Portland, which has faced protests since June. They claimed that protesters had assaulted federal officers with various projectiles and harmful substances, leading to injuries. However, attorneys for the city of Portland and the state of Oregon countered that the protests had been largely peaceful for months. A declaration from Assistant Chief Craig Dobson of the Portland Police Bureau stated that local officers had always been capable of managing the protests effectively.
On October 4, U.S. District Court Judge Karin Immergut granted a temporary restraining order that blocked the federal government from deploying the National Guard to Portland. She argued that the Trump administration lacked a legitimate basis for federalizing the National Guard, as the protests had generally been peaceful and did not hinder federal law enforcement operations. Immergut noted that the incidents cited by the Trump administration did not justify the need for National Guard involvement, describing them as serious but manageable by local law enforcement.
Following the lower court's ruling, the Trump administration sent 200 federalized members from the California National Guard to Oregon, along with authorization for up to 400 members of the Texas National Guard to deploy to Portland and Chicago. In their appeal to the 9th Circuit, the Trump administration contended that the lower court had improperly second-guessed the military judgments of the Commander in Chief. White House Press Secretary Karoline Leavitt emphasized that the President was exercising his authority as commander in chief.
The majority opinion from the 9th Circuit was written by judges Ryan Nelson and Bridget Bade, both appointed during Trump's first term. They criticized the district court for focusing only on a few incidents in September and downplaying the violent events that occurred in the preceding months. The judges asserted that the law does not restrict the President's consideration of facts when deciding on National Guard deployment.
On the other hand, Judge Susan Graber, appointed by President Bill Clinton, dissented, arguing that there was insufficient justification for the federalization and deployment of the Oregon National Guard. She suggested that the majority's acceptance of the government's characterization of Portland as a war zone was absurd.
Officials from the White House praised the court's decision, asserting that it confirmed the lower court's ruling was unlawful. White House spokesperson Abigail Jackson stated that the President was acting within his rights to protect federal assets and personnel. In contrast, Oregon Attorney General Dan Rayfield expressed concerns that the ruling could grant the President excessive power to deploy National Guard troops in Oregon without adequate justification, warning of a dangerous precedent for America.
This story is still developing and will be updated as more information becomes available.
