Appeals court allows Trump to deploy National Guard troops to Portland

(The Hill) – A federal appeals court on Monday said President Trump may deploy the National Guard across Oregon for now, a boon to his efforts to send troops into several Democratic-led cities.

The 2-1 ruling from a three-judge panel on the U.S. Court of Appeals for the 9th Circuit lifts a lower court order halting Trump’s deployment of National Guard members while the administration’s appeal is resolved. 

Another order from the lower court blocking Trump’s takeover of Oregon’s National Guard, which the appeals court previously lifted temporarily, will remain as such.  

"Rather than reviewing the President’s determination with great deference, the district court substituted its own determination of the relevant facts and circumstances,” the unsigned order read.   

Oregon and Portland officials sued over Trump’s National Guard takeover last month after the president vowed to protect the “war-ravaged” city and its U.S. Immigration and Customs Enforcement (ICE) offices he said were “under siege.”   

At Trump’s direction, Defense Secretary Pete Hegseth issued a memo on Sept. 28 authorizing the federalization and deployment of 200 Oregon National Guard members, despite Oregon Gov. Tina Kotek’s (D) objection. 

U.S. District Judge Karin Immergut blocked Trump from taking over the state’s National Guard, but the administration attempted to sidestep the order by calling in troops from other states. Immergut then blocked deployment of any National Guard troops across the state in a second order. 

The administration had argued that courts must give a “great level of deference” to the president’s determination to federalize the National Guard. The district judge found such deference is important. but not equivalent to “ignoring the facts on the ground.”  

However, at a hearing earlier this month, where the panel heard arguments, the appellate judges seemed swayed by the administration’s contention that Trump’s reasoning for sending in the National Guard should not be questioned by the courts.  

“I’m sort of trying to figure out how a district court of any nature is supposed to get in and question whether the president’s assessment of executing the laws is right or wrong,” said Judge Ryan Murphy, a Trump appointee.   

Murphy later commented that the decision to send in the troops was an “internal” one, and that both small and large protests could impede Trump’s ability to execute the law.