Overview
- By a 2–1 vote, the Ninth Circuit said the president likely acted within 10 U.S.C. §12406(3) to take control of the Oregon National Guard, emphasizing deference to his judgment.
- A separate temporary restraining order from U.S. District Judge Karin Immergut still bars any immediate troop deployment to Portland.
- Oregon officials say about 200 Oregon Guard members are at Camp Rilea and roughly 200 California Guard members are at Camp Withycombe awaiting direction with no clear mission timeline.
- Judge Susan P. Graber dissented, warning the majority’s approach undermines state control of militias and First Amendment protections, as Oregon seeks en banc review.
- In a parallel fight, Illinois and Chicago urged the Supreme Court to block deployment there after a district judge halted it and questioned federal threat claims, with hundreds of Guard members staged outside the city.