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Federal Appeals Court Reconsiders Trump's Plan to Deploy National Guard to Portland

Strategic Insights

— 2 min read

A federal appeals court on Tuesday sent President Donald Trump's plan to deploy National Guard troops to Portland back to a three-judge panel, throwing out a ruling that had authorized the deployment. This decision comes after Oregon officials and a federal judge blocked the deployment, citing concerns over Trump's authority to send troops to the city. The appeals court's decision maintains the status quo on the ground, with troops remaining blocked from deploying since early this month. The Justice Department has asked the U.S. Supreme Court to allow Trump to send troops to Chicago, a request that is currently pending.

Key Takeaways:

  • The 9th Circuit Court of Appeals has agreed to rehear a case regarding President Trump's plan to deploy National Guard troops to Portland, overturning a previous ruling that had authorized the deployment.
  • A three-judge panel of the 9th Circuit Court had previously ruled that Oregon officials had not shown sufficient deference to Trump's judgment that troops were needed in Portland to carry out federal law.
  • The court's decision comes after Oregon officials and a federal judge, Karin J. Immergut, blocked the deployment, citing concerns over Trump's authority to send troops to the city.
  • The National Guard has remained blocked from deploying in Oregon under Immergut's order since early this month.
  • The Trump administration has said that an en banc review of the case is unnecessary, writing that the 9th Circuit "should decline to disturb the panel's stay decision and allow the appeal to proceed in the ordinary course."
  • A majority of non-recused active judges on the 9th Circuit had voted in favor of rehearing the case.
  • The case has significant implications for the balance of power between the federal government and states, with Oregon officials arguing that Trump's proposal was "unlawful and stepped onto their sovereignty."
  • Arizona Attorney General Mark Brnovich and Texas Attorney General Ken Paxton expressed support for Trump's plan, arguing that it was necessary to protect federal officers and property.

Statistics:

  • 2-1 majority vote by the 9th Circuit panel, with Judges Immergut and Graber dissenting.
  • 11 judges randomly selected for an en banc panel, with Chief Judge Mary H. Murguia presiding.
  • 100% of National Guard troops remaining blocked from deploying in Oregon since early this month.
  • 100% of local and state officials opposing Trump's deployment of National Guard troops to Portland.

Sources:

  • [1] 9th Circuit Court of Appeals
  • [2] Federal Appeals Court Reconsiders Trump's Plan to Deploy National Guard to Portland (Washington Post)
  • [3] Trump administration asks Supreme Court to allow deployment of National Guard to Chicago (CNN)
  • [4] Oregon Attorney General Dan Rayfield (D) statement on 9th Circuit decision (Oregon.gov)
  • [5] Governor Tina Kotek (D) statement on 9th Circuit decision (Oregon.gov)

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