In a significant legal turn, the Ninth Circuit Court of Appeals has sided with the Trump administration, reinstating federal oversight of the Oregon National Guard on Wednesday. This decision reversed a previous temporary restraining order (TRO) by U.S. District Judge Karin Immergut, which had halted the deployment of Guard troops to Portland amid escalating tensions in the city.
The conflict began last weekend when Judge Immergut, appointed by President Trump, issued the TRO to prevent the federalization of Oregon National Guard troops. She cited potential constitutional conflicts in sending federalized forces into Portland, pausing troop movement until further court review. The TRO was reported by The Gateway Pundit to expire on October 18.
In response to the initial TRO, the Trump administration activated hundreds of National Guard members from California and Texas for potential deployment in Oregon, Illinois, and other states facing violent anti-ICE demonstrations. Officials described this mobilization as a necessary measure to protect federal personnel and property during periods of increased unrest.
During an emergency hearing on Sunday, Judge Immergut issued a second order, reaffirming the ban on National Guard deployments in Oregon. However, the unanimous decision by the three-judge appellate panel, which included appointees from both President Clinton and President Trump, lifted the first TRO, allowing the National Guard to remain under federal control. Deployment restrictions will stay in place until further judicial review is completed.
The appellate court underscored the importance of preserving federal control over the Guard while evaluating the legality of deployments to Portland. BizPac Review quoted the ruling, "The effect of granting an administrative stay preserves the status quo in which National Guard members have been federalized but not deployed."
President Trump defended the federalization on Truth Social, stating it was essential to protect ICE agents and federal facilities from attacks by groups like Antifa. He indicated that full force could be used if necessary to counteract what he termed domestic terrorism.
Court filings from the administration argued that Judge Immergut's orders "improperly impinge on the Commander-in-Chief’s supervision of military operations," stressing the urgency of appellate intervention to preserve presidential authority over federalized forces.
Oregon Democrats, including Attorney General Dan Rayfield, gave a measured nod to the appellate ruling, noting that despite the federal oversight, deployment to Portland is still blocked. Governor Tina Kotek (D) had attempted to demobilize the Guard, criticizing the disruption to soldiers' families and training schedules for what she considered an "illegal mission." The Ninth Circuit's stay temporarily prevents her from taking action.
Further hearings are scheduled for Thursday, where the appellate panel will deliberate on the merits of Judge Immergut's orders. This legal battle highlights the ongoing contention between federal authorities and Democrat-led states regarding the use of National Guard troops to secure federal property and personnel during civil unrest.
