❓WHAT HAPPENED: The 9th U.S. Circuit Court of Appeals ruled two to one to allow President Donald J. Trump to deploy Oregon National Guard troops into Portland, overturning a lower court’s ruling blocking the action.
👤WHO WAS INVOLVED: The Trump administration, Oregon Democrat officials, protesters, and a three-judge appellate panel including Judges Ryan Nelson, Bridget Bade, and Susan Graber.
📍WHEN & WHERE: The ruling was issued on Monday by the 9th U.S. Circuit Court of Appeals, covering Portland, Oregon.
💬KEY QUOTE: “After considering the record at this preliminary stage, we conclude that it is likely that the President lawfully exercised his statutory authority under 10 U.S.C. § 12406(3), which authorizes the federalization of the National Guard when ‘the President is unable with the regular forces to execute the laws of the United States.” — 9th U.S. Circuit Court of Appeals
🎯IMPACT: The decision allows the Trump administration to move forward with National Guard deployment while legal challenges continue.
A federal appeals court cleared the way on Monday for President Donald J. Trump to move forward with deploying Oregon National Guard troops into Portland, Oregon, to protect federal facilities and immigration agents, overturning a lower court’s decision that temporarily blocked the action. The three-judge 9th U.S. Circuit Court of Appeals panel ruled two to one to lift an October 5 restraining order issued by District Court Judge Karin Immergut blocking the deployment.
“After considering the record at this preliminary stage, we conclude that it is likely that the President lawfully exercised his statutory authority under 10 U.S.C. § 12406(3), which authorizes the federalization of the National Guard when ‘the President is unable with the regular forces to execute the laws of the United States,” the majority, comprised of Judges Ryan Nelson and Bridget Bade, both Trump appointees, wrote in the ruling. Judge Susan Graber, appointed to the bench by former President Bill Clinton, dissented.
The decision comes amid ongoing clashes between far-left rioters and U.S. Immigration and Customs Enforcement (ICE) agents in Portland. Notably, Democrat governrment officials Oregon claim the deployment is unnecessary, arguing the publicly documented violent riots are exaggerated.
President Trump’s efforts to send federal forces into Democratic-led cities that have refused to police the violent anti-ICE demonstrations have been frustrated by several far-left judges, though the administration has seen a degree of success overturning the restraining orders at the appellate level. A separate District Court order barring President Trump’s deployment of National Guard to Chicago, Illinois was partially lifted by the 7th Circuit on Saturday—allowing the troops to remain stationed at a nearby Army Reserve base.
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