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Ninth Circuit Keeps Oregon Guard Federalized, Blocks Portland Deployment for Now

Judges issued an administrative stay to preserve the existing posture ahead of Thursday’s expedited arguments.

Overview

  • A three-judge Ninth Circuit panel on Wednesday granted an administrative stay that leaves roughly 200 Oregon National Guard troops federalized but not deployed.
  • The court said the stay preserves the status quo and does not reflect a decision on the merits of the administration’s bid for a broader stay pending appeal.
  • Oral arguments on the administration’s appeal are scheduled for Thursday at 9 a.m. before the Ninth Circuit.
  • U.S. District Judge Karin Immergut had issued a temporary restraining order blocking the Oregon deployment and later blocked an attempt to use California Guard troops in Oregon.
  • The appeals panel noted that the second restraining order barring deployments in Oregon has not been challenged in this appeal and remains in effect.