Trump Wins Appeal, Deploying National Guard to Portland Amid Constitutional Concerns

President Donald Trump was given the green light by a divided panel of appellate judges to deploy Oregon National Guard troops to Portland, with the city's residents and leaders vowing to resist the move. The decision, handed down on Monday, reverses a lower court's temporary restraining order that had stopped the deployment for nearly a month. Lawyers for the Oregon Department of Justice and the city of Portland are now pushing for a full-court review, which would require 29 of 11 judges on the 9th Circuit Court of Appeals to agree that the initial decision was wrong.

The dispute centers on the balance of state and federal power, particularly related to authority over policing within states, and the extent of presidential power over the U.S. military. Trump's administration has argued that the deployment is necessary to address protests at the Immigration and Customs Enforcement facility in Portland, which they characterize as a "rebellion." Oregon's leaders, however, contend that the deployment violates several laws and the 10th Amendment of the U.S. Constitution.

The two Trump-appointed judges on the 9th Circuit Court of Appeals, Ryan Nelson and Bridget Bade, concluded that Immergut, a Trump appointee, had erred in issuing the temporary restraining orders. In a dissenting opinion, Judge Susan Graber wrote, "Today's decision is not merely absurd. It erodes core constitutional principles, including sovereign States' control over their States' militias and the people's First Amendment rights to assemble and to object to the government's policies and actions."

Key Takeaways:

• A divided panel of appellate judges on the 9th Circuit Court of Appeals has allowed President Donald Trump to deploy Oregon National Guard troops to Portland.
• The decision reverses a lower court's temporary restraining order that had stopped the deployment for nearly a month.
• Lawyers for the Oregon Department of Justice and the city of Portland are pushing for a full-court review, which would require 29 of 11 judges on the 9th Circuit Court of Appeals to agree that the initial decision was wrong.
• The dispute centers on the balance of state and federal power, particularly related to authority over policing within states, and the extent of presidential power over the U.S. military.
• Trump's administration has argued that the deployment is necessary to address protests at the Immigration and Customs Enforcement facility in Portland.
• Oregon's leaders, however, contend that the deployment violates several laws and the 10th Amendment of the U.S. Constitution.
• Judge Susan Graber wrote a dissenting opinion, stating that the decision "erodes core constitutional principles."
• Oregon's U.S. Rep. Maxine Dexter said, "Portland is a peaceful, kind, and loving place. Today's ruling, if allowed to stand, does not change that. Trump wants to incite violence and chaos. Portland sees this authoritarian takeover for what it is, and we will not bend the knee."

Statistics:

• The 9th Circuit Court of Appeals has 11 judges.
• A full-court review would require 29 of 11 judges to agree that the initial decision was wrong.
• The protests at the Immigration and Customs Enforcement facility in Portland have been ongoing for nearly a month.
• The Oregon Department of Justice has 24 hours to respond to the federal government's request to dissolve a temporary restraining order.
• The deployment of National Guard troops to Portland has been halted twice due to court orders.

Sources:

• (https://www.courtlistener.com/docket/71554902/61/state-of-oregon-et-al-v-trump-et-al/)
• (https://oregoncapitalchronicle.com/2025/10/20/divided-appeals-court-allows-trump-to-deploy-guard-to-portland-state-asks-for-immediate-review/)
• (https://www.statesnewsroom.com/)