Oregon Sues to Block Trump From Seizing Control of the National Guard in Portland
Following the Federal Department of War’s memorandum on Sunday that took control of Oregon’s National Guard from Governor Kotek and placed the volunteer corps under the command of President Trump,
Oregon Attorney General Dan Rayfield confirmed that the State of Oregon and the City of Portland have filed a motion for a temporary restraining order (TRO).
Oregon Fights Back In Court Against Trump’s Control Over National Guard
Department of War Secretary Pete Hegseth’s Sunday memorandum, which federalizes and deploys 200 members of the Oregon National Guard to Portland for 60 days, to “protect federal property where protests are occurring or likely to occur,” a move that is opposed by Governor Kotek, who confirmed on Sunday that the state is fighting back.
The governor confirmed that the National Guard is a reserve force of volunteers, often including firefighters, police, and other emergency personnel who are needed elsewhere, such as to fight wildfires.
They are Oregonians —neighbors, friends, and coworkers. The memorandum singles out Portland, where recent protests have been small, peaceful, and without arrests.
The directive follows Trump’s social media post authorizing Hegseth to employ “troops” with “full force” in Portland. Trump’s suggestion that Portland is “war-ravaged” is baseless.
AG Rayfield said, “Oregon is our home — not a military target.”
President Donald Trump, U.S. Secretary of Defense Pete Hegseth, U.S. Secretary of Homeland Security Kristi Noem, the U.S. Department of Defense, and the U.S. Department of Homeland Security are defendants in the lawsuit, which seeks to block the September 28 memorandum immediately.
Oregon has argued that the order should be put on hold immediately, as it violates the Constitution and multiple federal laws. More specifically, the lawsuit highlights that:
- There is no legal basis for federalization, as 10 U.S.C. § 12406 expressly provides that the Guard may only be federalized in cases of invasion, rebellion, or when federal laws cannot be otherwise executed. None of those conditions exists in Oregon.
- Federalized troops may not be used for civilian law enforcement. The memorandum is a violation of the Posse Comitatus Act and 10 U.S.C. §275.
- It infringes on the Tenth Amendment, giving states the constitutional authority to oversee public safety.
Oregon asked the court to block the Hegseth Memorandum and restore the status quo, keeping the Oregon National Guard under state command and focused on its true mission: serving Oregonians.