Trump’s efforts to deploy National Guard troops in Democratic-led cities have been mired in legal challenges.
Trump’s efforts to deploy National Guard troops in Democratic-led cities have been mired in legal challenges.
PORTLAND, Ore. An appeals court on Monday put on hold a lower court ruling that kept President Donald Trump from taking command of 200 Oregon National Guard troops. However, Trump is still barred from actually deploying those troops, at least for now.
U.S. District Judge Karin Immergut issued two temporary restraining orders early this month — one that prohibited Trump from calling up the troops so he could send them to Portland, and another that prohibited him from sending any National Guard members to Oregon at all, after the president tried to evade the first order by deploying California troops instead.
The Justice Department appealed the first order, and in a 2-1 ruling Monday, a panel from the 9th U.S. Circuit Court of Appeals sided with the administration. The majority said the president was likely to succeed on his claim that he had the authority to federalize the troops based on a determination he was unable to enforce the laws without them.
However, Immergut’s second order remains in effect, so no troops may immediately be deployed.
The administration has said that because the legal reasoning underpinning both temporary restraining orders was the same, it will now ask Immergut to dissolve her second order and allow Trump to deploy troops to Portland.
