Ninth Circuit clears Trump to send National Guard troops into Portland
A 2-1 panel of the Ninth Circuit has cleared Donald Trump to deploy National Guard troops to Portland, finding he likely acted lawfully in federalising the Guard while Oregon's challenge proceeds.
A divided federal appeals court has cleared the way for Donald Trump to deploy National Guard troops to Portland, Oregon — a major legal victory as he moves military forces into Democratic-led cities.
On Tuesday, a three-judge panel of the US Court of Appeals for the Ninth Circuit voted 2-1 to stay a 4 October order by US District Judge Karin Immergut that had blocked the deployment while Oregon’s legal challenge plays out.
The unsigned majority opinion, joined by circuit judges Bridget Bade and Ryan Nelson — both appointed by Trump in his first term — found the administration likely to succeed on the merits. The court said “it is likely” that Trump had lawfully exercised his statutory authority under 10 U.S.C. section 12406(3), which permits federalisation of the Guard when “the President is unable with the regular forces to execute the laws of the United States”.
Circuit Judge Susan Graber, an appointee of Bill Clinton, dissented, saying that allowing troops to be called in response to “merely inconvenient” protests was “not merely absurd” but dangerous, and urging the full Ninth Circuit to overturn the ruling.
Oregon Attorney General Dan Rayfield said he would seek reconsideration by the full court, warning: “Today’s ruling, if allowed to stand, would give the president unilateral power to put Oregon soldiers on our streets with almost no justification.”
The Trump administration had argued that around 200 troops were needed to protect a federal immigration building in Portland after protesters damaged the facility and threatened ICE officers.
Sources
- Reuters via The Japan News: https://japannews.yomiuri.co.jp/news-services/reuters/20251021-287671/
- Reuters via The Daily Star: https://www.thedailystar.net/news/world/usa/news/us-appeals-court-lets-trump-send-troops-portland-4015856
- Reuters via bdnews24: https://bdnews24.com/world/americas/8cf781bfb01f
- Tangle: https://www.readtangle.com/national-guard-deployment-portland-appeals-court/
- obrag.org (order text summary): http://obrag.org/2025/10/on-to-oregon-ninth-circuit-to-review-en-banc-oregon-v-trump-case-over-federalized-national-guard/
- LawDork (order analysis): https://www.lawdork.com/p/ninth-circuit-oregon-national-guard-stay
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