Overview
- A divided Ninth Circuit panel ruled 2–1 that the president likely acted lawfully under 10 U.S.C. §12406(3) to federalize Oregon National Guard troops, granting deference to his determination.
- The ruling only lifted one of two orders, and a separate temporary restraining order remains in effect, so no troops can be deployed in Portland at this time.
- Oregon officials moved for en banc review and a Ninth Circuit judge has called for a vote; briefing on rehearing is due by Oct. 22, with Judge Susan Graber’s dissent urging swift reconsideration.
- The Justice Department has asked the district court to dissolve the remaining TRO, citing the appellate opinion, while hundreds of Guard members reportedly remain in a holding pattern.
- In parallel litigation, the Supreme Court is considering an emergency bid over Chicago after the Seventh Circuit largely upheld a block there, with the administration urging extreme deference and invoking the Martin v. Mott precedent.