The 9th Circuit Court of Appeals ruled on Monday that President Trump can deploy Oregon National Guard troops to Portland.
The three-judge panel, consisting of Judge Ryan Nelson and Judge Bridget Bade, two Trump appointees, sided with the administration, while the lone Clinton-appointed judge, Susan Graber, dissented.
"After considering the record at this preliminary stage, we conclude that it is likely that the President lawfully exercised his statutory authority under 10 U.S.C. § 12406(3), which authorizes the federalization of the National Guard when ‘the President is unable with the regular forces to execute the laws of the United States,’" the majority wrote.
“Some of these protests have been peaceful, but many have turned violent, and protesters have threatened federal law enforcement officers and the building,” they continued. “Even if the President may exaggerate the extent of the problem on social media, this does not change that other facts provide a colorable basis."
Judge Graber wrote in her dissent that “Today’s decision is not merely absurd, it erodes core constitutional principles.”
This ruling comes after U.S. District Judge Karin Immergut, a Trump appointee, temporarily blocked the move, claiming that it was "untethered to reality" and one that risks "blurring the line between civil and military federal power — to the detriment of this nation."
President Trump has deployed National Guard troops to several U.S. cities in the last year, including Washington, D.C., Chicago, Los Angeles, and Memphis, citing both out-of-control crime rates and the need to defend ongoing Immigration and Customs Enforcement (ICE) operations.
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