U.S. Appeals Court Backs Trump’s Authority Over Oregon Troops, Though Deployment Still Blocked

PORTLAND, Ore. — A federal appeals court on Monday granted President Donald Trump the authority to take command of 200 Oregon National Guard troops, though it temporarily maintained a block on deploying them.

The 9th U.S. Circuit Court of Appeals, in a 2-1 ruling, sided with the Trump administration, saying the president was likely to succeed in his claim that he had the constitutional authority to federalize the troops if he determined he was unable to enforce federal law without them.

The ruling came after U.S. District Judge Karin Immergut, a Trump appointee, issued two temporary restraining orders earlier this month — one that prevented Trump from calling up Oregon’s National Guard troops, and another that stopped him from sending any National Guard units into the state after he tried to bypass the first order by deploying California troops instead.

Although the appeals court overturned the first order, Immergut’s second order remains in place, meaning the president cannot yet deploy the troops. The Justice Department has since urged the judge to dissolve the remaining order, arguing that courts should not interfere with the president’s judgment regarding troop deployment.

Oregon’s Attorney General Dan Rayfield, a Democrat, condemned the appeals court’s decision, warning it would grant Trump “unilateral power to put Oregon soldiers on our streets with almost no justification.” He said he would request a broader panel of the appeals court to review the decision.

The dispute is part of a larger legal battle over Trump’s efforts to deploy National Guard troops to cities led by Democrats. Earlier, a California judge ruled that Trump’s deployment of thousands of National Guard troops in Los Angeles violated the Posse Comitatus Act, which limits the use of military forces in domestic law enforcement.

The Trump administration has argued that the troops are needed to protect federal property and maintain order, especially around the U.S. Immigration and Customs Enforcement (ICE) building in Portland, where protests have continued for months.

Judge Immergut had previously dismissed the administration’s claims, saying Trump’s portrayal of Portland as “war-torn” was “untethered to the facts.” However, two Trump-appointed judges on the appeals panel said the president’s decision should be given deference, even if he may have exaggerated the situation online.

In dissent, Judge Susan Graber, a Clinton appointee, said the majority’s ruling could open the door to an “illegal deployment of troops under false pretenses.”