Federal Appeals Courts Affirm Trump's Authority to Deploy National Guard in Portland
Federal appeals courts have largely sided with the Trump administration, allowing the deployment of National Guard troops to Portland, Oregon, despite initial judicial blocks and state opposition.
Overview
- Multiple federal appeals courts, including the 9th Circuit, have ruled in favor of the Trump administration's authority to deploy National Guard troops to Portland, Oregon, to protect federal property.
- These rulings overturned initial temporary restraining orders issued by U.S. District Judge Karin Immergut, which had temporarily blocked the deployment of Oregon National Guard troops.
- The courts concluded that President Trump likely exercised his statutory authority lawfully in federalizing the National Guard when unable to enforce US laws, despite state opposition.
- Judges Ryan Nelson and Bridget Bade, both Trump appointees, sided with the majority in the 9th Circuit ruling, while Judge Susan Graber dissented, criticizing the decision.
- Oregon Attorney General Dan Rayfield criticized the ruling, seeking a broader panel to reconsider, as the administration also faced challenges deploying troops in cities like Chicago.
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Analysis
Center-leaning sources cover this story neutrally by presenting a balanced account of a complex legal decision. They detail the appeals court's ruling, the lower court's reasoning, and the dissenting opinion, alongside reactions from both state and federal officials. The reporting focuses on the legal arguments and factual developments without employing loaded language or prioritizing one side's narrative through editorial choices.
"Trump's strange social media presence has become normalized."
Gizmodo"the President lawfully exercised his statutory authority under 10 U.S.C. § 12406(3)"
Reason"The Ninth Circuit's ruling on Monday found that the Trump administration was likely to succeed on the merits of its appeal of Immergut's ruling."
ABC News"However, Trump is still barred from actually deploying those troops, at least for now."
Associated Press"The filing also said lawyers for Trump offered “no meaningful response” to the factual basis for U.S. District Judge April Perry’s Oct. 9 temporary restraining order, including that declarations submitted by a series of immigration officials outlining purported violence against agents and out-of-control protests simply did not hold water."
Chicago Tribune"The decision clears the way for some 200 troops to be deployed to protect federal buildings, despite objections from city and state officials, who say intervention in Portland is not needed."
BBC News"The 9th Circuit ruled that "there is a colorable basis for the President's determination that he is unable with regular forces to execute the laws of the United States.""
CBS News"The ruling, she wrote, "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.""
NBC News"The ruling comes in the wake of a series of Trump authorizations to deploy National Guard troops to American cities including Los Angeles, Washington, D.C., and Chicago."
NPR"The decision is the latest in disputes between Trump and local officials about deploying troops to quell protests against immigration enforcement."
USA TODAYArticles (22)
Center (10)
FAQ
The courts concluded that President Trump likely exercised his statutory authority lawfully in federalizing the National Guard when unable to enforce U.S. laws, despite state opposition, overturning initial restraining orders that blocked the deployment.
Judge Immergut issued a temporary restraining order because she ruled that the protest activity did not constitute a 'rebellion' under the Posse Comitatus Act and that Trump had exceeded his statutory authority under Title 10 of the U.S. Code; she also criticized the administration's characterization of Portland as a 'war-ravaged' city.
Oregon Attorney General Dan Rayfield criticized the rulings and sought a broader panel to reconsider the decision permitting federal deployment of National Guard troops in Portland despite state opposition.
Yes, Judge Susan Graber dissented in the 9th Circuit ruling that affirmed the deployment, although Judges Ryan Nelson and Bridget Bade, both Trump appointees, sided with the majority.
Yes, the Trump administration also faced legal challenges deploying troops in other cities such as Chicago, indicating a broader controversy over federal force deployments.
History
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