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Ninth Circuit Pauses Ruling, Keeps Portland Guard Deployment on Hold Through Oct. 28

The court is considering en banc review of a panel decision permitting federalization of Oregon's Guard.

Overview

  • The appeals court issued an administrative stay late Friday that blocks any National Guard deployment to Portland until 5 p.m. on Oct. 28.
  • U.S. District Judge Karin Immergut took under advisement a request to dissolve a separate restraining order and said she expects to rule by Monday.
  • A trial on whether the president has legal authority to federalize and deploy Oregon’s National Guard is scheduled for Wednesday.
  • The Trump administration told the court that any planned operation would involve up to 200 Oregon Guard troops.
  • Oregon sued after Trump’s late‑September plan, and Judge Immergut earlier found the facts did not meet a ‘rebellion’ standard, a conclusion a three‑judge panel briefly reversed before the stay.