Court Halts National Guard Deployment to Oregon After Trump Administration Appeal
On Friday afternoon, the Ninth Circuit Court of Appeals stayed the second Temporary Restraining Order (TRO) after the Trump Administration asked the court to set aside the TRO barring any National Guard Deployment in Portland.
Court Stays National Guard Deployment To Oregon
Senior Ninth Circuit Court of Appeals Judge Sidney R. Thomas hit pause on an earlier ruling when Oregon’s fight over Trump’s National Guard Deployments returned to court on Friday.
The administrative stay, which would have allowed federal deployment of National Guard troops in Portland, will remain in place until 5 p.m. on October 28 while the court decides whether to take another look at the underlying case.
Oregon Attorney General Dan Rayfield confirmed that the decision gives the court time to consider the serious constitutional questions at stake fully. He said, “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.”
Rayfield emphasized that the Oregon Department of Justice (ODOJ) will move to trial on the merits next week and present evidence to the court proving that the deployment is unnecessary and unlawful.
This is an unprecedented issue, and Rayfield confirmed that, “The stakes are high — for the Constitution, for Oregon’s sovereignty, and for the safety of our communities.”
Friday’s order gives the 9th Circuit Court of Appeals more time to decide whether a larger, 11-judge panel (called an en banc review) should review the previous orders. In the meantime, the main trial, centered on the president’s ability to deploy the guard, starts on Wednesday before District Judge Immergut.
The AG urged Oregonians to keep Portland safe and peaceful, “and to continue showing the world who we are.”