Appeals Court Allows Federal Deployment of Oregon National Guard to Portland

The Ninth Circuit Court of Appeals has overturned a temporary restraining order, allowing the federal government to deploy Oregon National Guard troops to Portland. This decision comes in response to ongoing protests near a U.S. Immigration and Customs Enforcement facility in the city.

The appellate panel, in a 2-1 decision, found that the President likely exercised lawful authority in federalizing the National Guard under 10 U.S.C. §12406. Judges Ryan Nelson and Bridget Bade, both appointed by President Trump, noted that while some protests have been peaceful, many have turned violent, posing threats to federal law enforcement officers and property. Judge Susan Graber dissented, expressing concern that the ruling erodes core constitutional principles, including states' control over their militias and individuals' First Amendment rights.

Oregon Attorney General Dan Rayfield criticized the ruling, stating that it grants the President unilateral power to deploy state soldiers with minimal justification. He urged the full Ninth Circuit to vacate the decision before any deployments occur. Governor Tina Kotek and Portland Mayor Keith Wilson also condemned the court's decision, emphasizing the need for transparency and community-led solutions over military intervention.

The legal battle began in late September when President Trump ordered 200 Oregon National Guard members to protect federal property amid protests. A federal judge initially issued a temporary restraining order blocking the deployment, citing a lack of significant violence or disruption to justify federal intervention. The Ninth Circuit's recent ruling overturns that order, though a broader prohibition on deploying National Guard troops from other states to Portland remains in effect.