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Ninth Circuit Backs Trump’s Oregon Guard Authority as Separate Order Keeps Troops Idle

A separate order still bars any deployment pending full-court review, with a Supreme Court fight over Chicago accelerating.

Overview

  • A divided Ninth Circuit panel voted 2–1 to stay one restraining order, finding the president likely acted lawfully under 10 U.S.C. §12406(3) to federalize the Oregon National Guard.
  • A second temporary restraining order remains in effect, so no troops can enter Portland, and Guard units remain staged at Camp Rilea and Camp Withycombe after weeks of training.
  • Judge Susan P. Graber dissented and urged en banc review; the Ninth Circuit has called a vote and ordered briefs due by Oct. 22.
  • A three-day trial on the merits in the Oregon case is scheduled to begin Oct. 29 in Portland federal court.
  • In parallel litigation, Illinois and Chicago asked the U.S. Supreme Court to block a Chicago deployment, as the Trump administration cited the Ninth Circuit ruling and sought swift relief.