The appeals court overturned the ruling of a lower court judge in Oregon, and clears the way for President Trump to deploy the National Guard to Portland.
The U.S. Court of Appeals for the 9th Circuit today overturned a temporary restraining order put in place by a federal judge in Portland – removing the legal impediment that was preventing the Trump Administration from sending National Guard troops to Portland.
« 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' », they wrote in their decision.
The ruling comes in the wake of a series of Trump authorizations to deploy National Guard troops to American cities including Los Angeles, Washington D.C., and Chicago. President Trump has said the deployments are necessary to protect the work of ICE agents, and reduce crime.
On Oct. 16, a federal appeals court upheld an earlier district court ruling in Illinois, temporarily blocking the president’s federalization and deployment of the National Guard deployment there. The Trump administration has asked the Supreme Court to intervene.
Trump called the National Guard to Portland last month
The Trump administration federalized 200 members of the Oregon National Guard on Sept. 28, after the president described Portland on social media as « war ravaged » and « under siege from attack by Antifa, and other domestic terrorists. »
This characterization is false according to local and state officials, residents, and journalists on the ground. Oregon Gov. Tina Kotek told NPR on Oct. 6 that the president’s portrayal was « ludicrous.
