The 9th Circuit Court of Appeals has cleared the way for the Trump administration to send National Guard troops to Portland, Oregon. The 9th CCA lifted a lower court’s temporary restraining order that previously blocked the deployment. [Ruling Here]
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A three-judge panel for the 9th U.S. Circuit Court of Appeals voted 2-1 to stay a district court order that had prevented the deployment of National Guard troops to the city. The majority opinion found it was likely that the president had lawfully exercised his statutory authority.
(Via Politico) – A federal appeals court panel has backed President Donald Trump’s authority to send National Guard troops into Portland, Oregon, concluding that though the president’s claims on social media “may exaggerate” the violence in the city, he may still have had a valid basis for the deployment.
The 2-1 ruling, endorsed by two Trump appointees to the 9th Circuit Court of Appeals, is the latest win for Trump’s effort to deploy the military into cities across the country over the fierce objections of state and local leaders. Trump has cited violence outside immigration facilities as a basis for the deployments, saying it has impeded his ability to enforce the law, but governors and mayors say there has been minimal unrest and Trump is using largely peaceful protests as a pretext to expand his power. (read more)
The appeals court ruling is preliminary, and the Lawfare fight is expected to continue. The state of Oregon and city of Portland may seek further review from a larger appeals court panel or appeal directly to the Supreme Court.
A similar Lawfare battle is taking place in Illinois, where a judge has blocked the deployment of National Guard troops. The Trump administration has also appealed that ruling.
