Oregon’s Fight Over National Guard Deployments Returns to Court Friday
The Trump administration’s motion to dissolve Federal Judge Karin Immergut’s second temporary restraining order (TRO) has been scheduled for hearing on Friday, as Oregon Attorney General Dan Rayfield gave notice that the state intends to file a motion requesting a full bench of the 9th Circuit later to reconsider the decision to set aside the first TRO earlier this week.
Oregon National Guard Lawsuit
The Trump Administration filed a motion to set aside the second TRO, which currently prevents National Guard deployments from any state to Oregon. This TRO was granted by Judge Immergut earlier this month, following the 9th Circuit Court of Appeals’ decision to side with Trump on the Oregon National Guard.
U.S. District Judge Karin J. Immergut set a hearing by phone for 10 a.m. Friday to discuss the federal government’s motion to throw out the second, broader temporary restraining order, and may make a ruling on Friday, to decide whether to keep the TRO in place that bars federal deployment of any National Guard troops to Oregon, or could, as she ruled with the first TRO, extend it for another 14 days.
Judge Immergut also directed lawyers to be ready to discuss the effect of the pending ruling by a judge on the 9th U.S. Circuit Court of Appeals, asking whether all active judges on the court should vote on whether an 11-judge 9th Circuit panel should take up the case, that would include a review of Monday’s 2-1 ruling by a three-judge 9th Circuit panel that placed a hold on Immergut’s first restraining order.
Rayfield confirmed that his office would file a brief in the 9th Circuit later today, urging the court to hold an en banc (“on the bench,”) hearing on Monday’s ruling.
An en banc hearing is a session in which a case is heard before all judges of an appellate court, rather than the usual smaller panel of three judges, and occurs when requested by a party, typically when the case involves a question of exceptional importance or to ensure uniformity of the court’s decisions.
The current round of hearings deals only with restraining orders. Judge Immergut is expected to issue her final judgment in 10 days in the underlying lawsuit of the state of Oregon and the city of Portland vs the federal government. A three-day trial on the merits of the case is scheduled to start next Wednesday.
The so-called Governor and Mayor would have you believe they are handling everything correctly and controlling the situation. It should be obvious to anyone (including the Governor and Mayor) that, clearly, they are not. They are being WILLFULLY blind to crime and rioting in Portland.