In partnership with
In a landmark legal decision, a federal appeals court has ruled that President Donald Trump can deploy National Guard troops to Portland, Oregon, overturning a lower court’s attempt to block the move. The ruling comes amid ongoing protests and heightened tensions surrounding federal Immigration and Customs Enforcement (ICE) facilities in the city.
Appeals Court Decision
On Monday, a three-judge panel of the 9th Circuit U.S. Court of Appeals issued a 2-1 ruling allowing Trump to federalize 200 members of the Oregon National Guard. This decision stayed a temporary restraining order issued by a federal district court on October 4, which had blocked the deployment.
The majority opinion stated:
“After considering the record at this preliminary stage, we conclude that it is likely that the President lawfully exercised his statutory authority under federal law, 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 court cited multiple incidents in which protesters reportedly disrupted operations at the ICE facility, raising questions about federal enforcement capabilities.
Legal Arguments and Dissent
Judges Ryan Nelson and Bridget Bade, both appointed by Trump, formed the majority. The dissent came from Judge Susan Graber, appointed by former President Bill Clinton. She argued that there was no factual basis to justify federalizing the Oregon National Guard, noting that ICE could protect its facility and enforce immigration laws independently.
Graber wrote:
“Congress has authorized the President to call up the National Guard only to repel a foreign invasion, quell a rebellion, or overcome an inability to execute the laws. No legal or factual justification supported the order to federalize and deploy the Oregon National Guard.”
She further criticized the deployment as politically motivated, calling it “a dose of political theater… designed to rally the base or to rile or intimidate political opponents,” emphasizing that the judiciary must base decisions on evidence, not speculation or propaganda.
Trump’s Position
The deployment followed a September 27 Truth Social post by Trump, describing Portland as “war-ravaged” and asserting that the National Guard would protect both the city and ICE facilities from Antifa and other groups he labeled as “domestic terrorists.” The post ignited national debate over presidential authority and the role of the National Guard in domestic law enforcement.
Implications for Portland and National Guard Deployment
The ruling permits the federal government to deploy troops around ICE facilities in Portland, potentially setting a precedent for future federal interventions in cities experiencing civil unrest. Legal experts caution that further court challenges are possible as questions about the limits of presidential power remain unresolved.
Civil liberties advocates warn the move could heighten tensions, while local officials stress the need to balance security with constitutional rights to protest and assembly.
Broader Political Context
This decision is part of a larger pattern of legal controversies involving Trump and his administration. Recent court rulings have addressed federal employment decisions during potential government shutdowns, trade disputes, and other high-profile cases. Analysts suggest the appeals court ruling may influence similar federal interventions in other politically sensitive cities.
Key Takeaways
A federal appeals court allows Trump to deploy 200 Oregon National Guard troops in Portland.
The ruling overturns a lower court’s restraining order, citing the President’s statutory authority.
The decision is controversial, with one dissenting judge calling it politically motivated and unsupported by facts.
The deployment raises questions about the balance between federal authority and civil liberties.
Potential precedent for federal interventions in other U.S. cities facing unrest.
You’re invited to the world’s largest email marketing conference.
Become an email marketing guru at the GURU conference. It’s two days full of all things email marketing. Learn more about newsletters, deliverability, design trends, AI, and what NOT to do with email.
What you can expect:
Keynote Speakers: Nicole Kidman, Amy Porterfield & more!
The latest digital trends in email marketing & how to increase performance.
Networking opportunities - each day!
Dj’s, dance contests (judged by Lance Bass, yes for real), breaking world records & MORE!
Spots are limited. It’s VIRTUAL. It’s FREE. It’s time to become an email marketing GURU. Join 25,000+ marketers on November 6th & 7th. Don’t miss out!
YES! I want to register! (US attendees only!)