Divided 9th Circuit Overturns Lower Court Block on Oregon Troop Deployment
PORTLAND, OREGON:A divided three-judge panel of the 9th U.S. Circuit Court of Appeals on Monday granted a request by the Justice Department, putting on hold a lower court order that had blocked President Donald Trump from federalizing and deploying 200 members of the Oregon National Guard to Portland. The 2-1 ruling is the latest step in a rapidly evolving legal battle over the limits of presidential authority to deploy state-level military forces.
The appeals court’s decision effectively allows the Trump administration to deploy National Guard troops in Portland, pending the ongoing legal challenge. The federal government has argued that the troops are necessary to protect federal property and personnel, particularly at an Immigration and Customs Enforcement (ICE) facility, which has been the site of protests.
The ruling overturns a temporary block issued earlier this month by U.S. District Judge Karin Immergut, a Trump appointee.
The legal conflict began in September when the states of California and Oregon, along with the City of Portland, filed a lawsuit to prevent the President from deploying the National Guard to the city.
The case escalated after District Judge Karin Immergut issued two temporary restraining orders (TROs).
First TRO: Prohibited President Trump from taking command of the 200 Oregon National Guard troops for deployment to Portland.
Second TRO: Issued after the President attempted to circumvent the first order by deploying federalized National Guard members from California instead. The second order prohibited the deployment of any National Guard members from any state into Oregon.
In her initial orders, Judge Immergut had stated that the administration’s claims about the conditions in Portland were “simply untethered to the facts,” rejecting the assertion of a rebellion that would justify the military deployment. The Ninth Circuit’s majority, however, found that the President’s determination was owed more deference.