A federal appeals court on Wednesday lifted a temporary order blocking President Donald Trump’s control over Oregon’s National Guard soldiers, handing him another victory in his crusade to restore peace to blue cities through a show of strength.
The decision, however, stops short of allowing Trump to ultimately deploy the troops to Portland, who were told to stand down by U.S. District Judge Karin Immergut earlier this week. The Trump-appointed judge also ordered the administration not to deploy the National Guard to other parts of the state, a decision that stays in place for now.
A three-judge panel on the U.S. Court of Appeals for the 9th Circuit wrote in a brief memo that its decision helps ensure the “status quo.”
“The effect of granting an administrative stay preserves the status quo in which National Guard members have been federalized but not deployed,” they wrote.
The panel, comprising two Trump appointees and one Clinton appointee, will hear oral arguments on Thursday regarding whether to fully overturn Judge Immergut’s pause until the appeals court makes a final decision.
The Trump administration lashed out at Immergut on Monday, accusing her of “impermissibly second-guess[ing]” the president’s authority to restore domestic order under his authority.
“The district court’s order improperly impinges on the Commander-in-Chief’s supervision of military operations, countermands a military directive to officers in the field, and endangers federal personnel and property,” U.S. Justice Department lawyers wrote in Sunday court filings, according to The Hill.
Immergut wrote on Saturday that the DOJ’s argument that an insurrection was fomenting on Portland’s streets was “simply untethered to the facts.” She barred the implementation of a U.S. Department of Defense memorandum outlining the legal reasoning for the federalization of 200 Oregon National Guard members.
Trump quickly moved to send hundreds of other soldiers from the California and Texas National Guards, leading Immergut to question how his decision was not “in direct contravention” of her order.
California similarly sued to prevent the federalization of troops, a measure that remains in effect under the Oregon ruling.
Trump last week declared that a “war-ravaged” Portland is “under siege” from far-left activists targeting immigration authorities. The director of the city’s U.S. Immigration and Customs Enforcement wing has spoken about suffering 100 straight nights of protests that have seen glass bottles thrown at officers, facility windows shattered, and makeshift barricades erected blocking the paths of ICE vehicles.
But the administration is also carefully tailoring its messaging amid the dispute with Immergut.
Earlier this week, Stephen Miller, a top legal advisor to the president, suddenly muted himself after declaring that Trump carries “plenary authority,” or the unmitigated ability to exercise all power afforded under his office. The statement sparked a brief backlash, and the administration has pivoted to warning that Trump will implement the Insurrection Act instead, which allows the president to use military power to stifle violent unrest at home.
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, 2025-10-09 14:32:00, , Trending Politics Conservative Breaking News and Commentary, %%https://trendingpoliticsnews.com/wp-content/uploads/2024/10/cropped-tp-fav-2-32×32.png, https://trendingpoliticsnews.com/feed/, Mark Steffen
