Trump Can Deploy National Guard To Portland, Oregon, 9th Circuit Court Rules In Major Legal Victory
The Donald Trump administration received a significant victory Monday when a federal appeals court ruled the president may proceed with his plan to send National Guard troops to Portland.
A panel of three judges from the Ninth U.S. Circuit Court of Appeals issued a 2-1 decision overturning one of two temporary restraining orders that had blocked the deployment into the city.
Judges Ryan Nelson and Bridget Bade—both appointed by President Trump—backed the president’s efforts to move federal troops into Democrat-led municipalities.
“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 opinion stated.
During oral arguments, Judge Nelson observed that it “may well be that the forces are used in an improper way” but maintained that the court didn’t “have evidence of that.”
The sole dissent on the panel came from a judge appointed by Bill Clinton.
Earlier in October, a federal judge in Oregon had blocked the National Guard deployment to Portland. The court cited the president’s decision as being “untethered to reality” in her emergency order and warned that he was risking “blurring the line between civil and military federal power – to the detriment of this nation.”
In response, the White House accused the judge of being “untethered in reality” in a sharp statement before turning to the appeals court for relief.
Stacy Chaffin, an assistant attorney general in Oregon, argued that Trump’s portrayal of violence in Portland did not remotely justify federalizing the National Guard. She contended that the city’s demonstrations did not meet the condition of a “rebellion,” one of the triggers the president cited for deploying troops.
President Trump has advocated National Guard deployments in other cities led by Democrats, including Chicago, despite resistance from state officials.
Democrats have accused the president of exaggerating the threat to validate his effort to “federalize” cities, while Trump and his backers point to violent anti-ICE protests as grounds for military intervention.
Separately, on Shabbos, the Seventh U.S. Circuit Court of Appeals eased a lower-court order blocking the federal deployment of National Guard troops to Chicago, though that ruling limited the soldiers to a reserve base outside the city rather than inside its borders.
On Monday, the city of Portland was hit with a civil-rights complaint amid continuing street protests, accused of employing “race-first” policies even as it pledged to scale back its diversity, equity, and inclusion practices.
{Matzav.com}
