9th Circuit rules that National Guard can deploy to Portland

[Amaryllis]

https://www.npr.org/2025/10/20/nx-s1-5564797/ninth-circuit-decision-portland-national-guard-tro-president-trump

A divided federal appeals court for the 9th Circuit today overturned a temporary restraining order put in place by a federal judge in Portland – removing the legal impediment that was preventing the Trump Administration from sending National Guard troops to Portland.

"After considering the record at this preliminary stage, we conclude that it is likely that the President lawfully exercised his statutory authority under 10 U.S.C. § 12406(3), which authorizes the federalization of the National Guard when 'the President is unable with the regular forces to execute the laws of the United States,'" the majority wrote in their decision.

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. President Trump has said the deployments are necessary to protect the work of ICE agents, and reduce crime.

On Oct. 16, a federal appeals court upheld an earlier district court ruling in Illinois, temporarily blocking the president's federalization and deployment of the National Guard deployment there. The Trump administration has asked the Supreme Court to intervene.

Snip

Oregon Attorney General Dan Rayfield also responded to today's ruling with a statement: "Today's ruling, if allowed to stand, would give the president unilateral power to put Oregon soldiers on our streets with almost no justification," he wrote. "We are on a dangerous path in America."

This is a developing story and will be updated.

Lots more details at link

[wcmagumba]

1. If I was in the National Guard I would quickly resign...ASAP...

[RainCaster]

3. No, but you can refuse as a consciencous objector

That's an honest thing you can do with no repercussions.

[Greg_In_SF]

4. It's not easy

There’s an application and investigation process and it is all handled by the Department of Defense.

And, you can’t just object to a single deployment. You can’t pick and choose.

[RedWhiteBlueIsRacist]

2. Are they gonna bring their rakes and shovels?

[Oldvet]

5. En banc already set

Entire ninth court will look at it by Wednesday night at midnight.

[Nevilledog]

6. Another 9th Circuit Justice called for it

Link to tweet

Chris “Law Dork” Geidner
@chrisgeidner
·
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BREAKING: A Ninth Circuit judge has sua sponte — on their own — already called for a vote on whether there should be an en banc rehearing (which means all active judges will vote on whether the matter should be reheard). Briefing is called for on that question, due by mid-week.

[LetMyPeopleVote]

7. There may be an en banc rehearing of this ruling

First, a Ninth Circuit judge has sua sponte — on their own — already called for a vote on whether there should be an en banc rehearing

Link to tweet

Next, the full Ninth Circuit has called for rehearing briefing by 11:59 PM on Wednesday on whether President Trump may deploy the National Guard

Link to tweet

Normally this type of motion takes far more time