Federal Appeals Court to Rehear National Guard Deployment Case in Portland

A federal appeals court is set to rehear the case regarding the deployment of the Oregon National Guard in Portland. This decision comes after the 9th Circuit Court of Appeals reversed its previous ruling that favored the Trump administration.

Background of the Case

The latest ruling reinstates a temporary restraining order issued by U.S. District Judge Karin Immergut. This order prevents the federal government from federalizing the Oregon National Guard.

Legal Opinions

On October 20, a three-judge panel from the 9th Circuit issued a split decision on the case. The majority opinion indicated that President Trump likely acted within his statutory authority. They lifted a legal barrier that had previously restricted the federalization of up to 200 Oregon National Guard members.

A dissenting judge urged the full 9th Circuit to rehear the case promptly, warning against the potential illegal deployment of troops.

Upcoming Proceedings

The rehearing, referred to as “en banc” proceedings, will involve a panel of 11 judges from the 9th Circuit. This comes while Judge Immergut is preparing for a three-day trial related to the case, focusing on the legality of the proposed deployment in Portland.

State of Oregon’s Response

Oregon Attorney General Dan Rayfield emphasized the state’s commitment to defending its laws and values. He stated that the court’s decision sends a clear message regarding the president’s authority concerning military presence in U.S. cities.

Last month, Oregon and the city of Portland initiated legal action to block the Trump administration’s plans to deploy the National Guard. The federal government had justified the need for guard deployment to protect a U.S. Immigration and Customs Enforcement facility amid ongoing protests.

Trial Focus

This trial will determine whether the president has the constitutional authority to deploy the National Guard in these circumstances or whether such actions violate state rights. Recent court filings have raised questions about the accuracy of the government’s claims regarding federal officers sent to Portland.

• Previous reports suggested 115 Federal Protective Service officers were sent to Portland.
• New evidence indicates that these officers arrived in smaller groups over several weeks.
• Only 86 officers were confirmed to be included in the deployments.

Federal attorneys have acknowledged errors in their prior claims and expressed regret over the inaccuracies. It remains unclear when the 9th Circuit will rehear this significant case concerning the deployment of the Oregon National Guard.