Overview
- U.S. District Judge Karin J. Immergut issued a 106-page order finding no rebellion or inability to enforce federal law in Oregon under 10 U.S.C. §12406.
- The court left federal control of Oregon’s Guard in place for roughly 14 days but barred any deployment to Portland as appeals are filed.
- The Justice Department appealed to the Ninth Circuit and signaled further review, with related litigation in Chicago already before the Supreme Court.
- After a three-day trial reviewing more than 750 exhibits, the judge found the President’s description of Portland’s protests was “untethered to the facts.”
- Evidence showed Oregon’s governor objected and federal officials at the ICE facility did not request troops, supporting the court’s Tenth Amendment conclusion.