Appellate Court to Decide Tomorrow Whether Trump Can Send the National Guard Into Portland
The 9th U.S. Circuit Court of Appeals is expected to consider a federal government request to delay an order by an Oregon judge that bars President Donald Trump from sending the National Guard into Portland.
The hearing is scheduled for 9 a.m. tomorrow (Thursday) to be heard remotely. However, a three-judge panel could choose to rule on the matter based solely on briefs submitted to the court.
Trump Administration Attorneys Want an Immediate Stay
Trump administration attorneys have requested the 9th Circuit Court to place an immediate stay on the order issued by U.S. District Judge Karin J. Immergut.
However, attorneys for Oregon and the City of Portland have submitted briefs requesting that the order remain in place until after the federal government’s full appeal is heard by the 9th Circuit Court.
A temporary restraining order was issued by Judge Immergut last Saturday. She found that the president had failed to meet the criteria of Title 10, Section 12406 of the U.S. code, to place 200 National Guards in Portland.
Oregon Judge Found No Threat of Rebellion in Portland
Judge Immergut found that no threat of rebellion existed in Portland and that the local police could handle sporadic protests that took place outside the U.S. Immigration and Customs Enforcement (ICE) Portland office.
On Sunday, the judge also issued a temporary restraining order against the deployment of National Guard members from other states to Oregon, after the federal government mobilized troops from California and Illinois to the Beaver State.
Oregon’s stance against the deployment of the National Guard into the state has been supported by 42 cities and counties nationwide, which filed a brief in support of keeping Judge Immergut’s order in place.