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9th Circuit Suspends Injunction, Allowing Trump to Send Guard to Portland

The decision keeps federal deployments in place pending an Oct. 29 bench trial on Oregon's challenge.

Overview

  • A three-judge panel granted the Justice Department’s request to stay a district court order that had halted National Guard deployments to Portland.
  • The vote was 2–1, with two judges appointed by Trump in the majority and one judge appointed by Bill Clinton dissenting.
  • The panel wrote that, at this preliminary stage, the president likely acted within statutory authority to federalize Guard forces.
  • U.S. District Judge Karin Immergut had earlier found Trump likely acted unlawfully, blocked deployments, and rejected the administration’s depiction of Portland as war‑torn.
  • Oregon state and Portland officials are pressing claims under federal statutes and the Tenth Amendment as the administration cites 10 U.S.C. §12406 and has sent or announced deployments to Los Angeles, Washington, Memphis, and Chicago.