The Trump administration suffered a legal blow on Friday afternoon when the 9th U.S. Circuit Court of Appeals stayed an order issued on October 20 by a federal appellate court ruling it could deploy 200 National Guard troops to Portland, Oregon, under federal control.
By James Bickerton
President Donald Trump deployed federalized National Guard soldiers to Los Angeles and Washington D.C. and is attempting to replicate this in several other Democrat-run cities, against the wishes of the local government.
However, these efforts have suffered a series of legal blows, including a federal court blocking the administration from federalizing the Illinois National Guard, ahead of a planned deployment to Chicago. With Republicans controlling both chambers of Congress, the courts have emerged as one of the main impediments to Trump administration policy.
What To Know
On October 20, a three-judge appeals court ruled that Trump could federalize 200 National Guard troops for deployment to Portland, with two Trump-appointed judges in favor, while one Bill Clinton appointee was opposed.
However, on Friday, the 9th Circuit Court of Appeals granted a stay preventing this from coming into effect until 5 p.m. on October 28 at the earliest, while the court decides whether to reconsider the case. The matter could now appear before a so-called en banc review, made up of 11 judges.
According to Oregon Public Broadcasting, the Oregon Department of Justice has confirmed Friday’s ruling will prevent the deployment of any National Guard troops until it expires on October 28.
Friday also saw U.S. District Judge Karin Immergut hold a hearing on whether to remove a temporary restraining order preventing the deployment of National Guard troops to Portland, which the Trump administration argues is unlawful. Karin announced she plans to make a ruling on this by Monday.
The Trump administration is arguing the deployment of National Guard personnel is needed due to a series of demonstrations outside an Immigration and Customs Enforcement (ICE) facility in Portland, some of which have turned violent.
More than 2,300 National Guard soldiers from multiple states and the district were deployed to Washington D.C. in August in response to what Trump argued was a crime emergency in the city, though this was contested by local leaders.
What People Are Saying
In Friday’s ruling, Senior Circuit Judge Sidney R. Thomas wrote: “This administrative order expresses no views on the merits of this matter and is not a reconsideration of the earlier stay order.”
Oregon Attorney General Dan Rayfield said in a statement: “This decision gives the court time to fully consider the serious constitutional questions at stake.
“It also ensures there won’t be a federal deployment while that process plays out — an important step in protecting Oregonians’ rights and keeping our communities safe.”
What Happens Next
Friday’s ruling prevents the Trump administration deploying National Guard personnel to Portland until 5 p.m. on October 28. It remains to be seen whether they will be legally permitted to make such a deployment after this.