The 9th U.S. Circuit Court of Appeals on Monday ruled that President Donald Trump can deploy Oregon National Guard troops into the city of Portland, delivering a significant victory to the Trump administration as it continues its effort to send federal forces into Democratic-led cities despite a string of recent setbacks in other district and appeals courts.
Judges on the three-member panel ruled 2-1 to authorize Trump’s deployment. Judge Ryan Nelson and Judge Bridget Bade, both appointed by Trump, sided with the administration in the majority ruling, with the lone Clinton-appointed judge, Susan Graber, dissented.
“After considering the record at this preliminary stage, we conclude that it is likely that the President lawfully exercised his statutory authority under 10 U.S.C. § 12406(3), which authorizes the federalization of the National Guard when ‘the President is unable with the regular forces to execute the laws of the United States,’” the majority said.