PORTLAND, Ore. — A panel from the 9th U.S. Circuit Court of Appeals has put on hold a ruling that prevented President Donald Trump from taking command of 200 Oregon National Guard troops. This ruling follows earlier temporary restraining orders issued by U.S. District Judge Karin Immergut, which prohibited Trump from calling up these troops for deployment amid ongoing protests in Portland.
The appeals court held that the Justice Department’s arguments about the president's authority to federalize troops were convincing, with a majority indicating that Trump could likely prevail in his claims. However, an accompanying order remains in effect, preventing any immediate troop deployment.
Despite the temporary relief for the Trump administration, Oregon's Attorney General Dan Rayfield has expressed strong opposition. He criticized the ruling as granting the president unilateral power to put Oregon soldiers on the streets with little justification, raising alarm over potential implications for civil liberties.
The legal conflict reflects wider tensions as similar attempts by Trump to deploy National Guard troops in cities with Democratic leadership have often faced legal challenges. Just last week, a judge ruled his deployment of troops in California violated the Posse Comitatus Act, which restricts military forces' involvement in domestic law enforcement.
Protests have remained mostly small-scale outside the U.S. Immigration and Customs Enforcement building in Portland since June, though they have prompted federal responses including the use of tear gas by federal agents. Trump's administration maintains that National Guard troops are necessary to protect federal properties.
As Trump seeks to push back against restrictions posed by court rulings, Oregon's legal team is determined to argue against any potential deployment by requesting a broader review from the appeals court, emphasizing the need to safeguard both the National Guard and civic freedoms.
