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9th Circuit Rules In Favor Of Trump Administration Over National Guard

Leo Migdal
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9th circuit rules in favor of trump administration over national guard

Left: Donald Trump speaks at the annual Road to Majority conference in Washington, DC, in June 2024 (Allison Bailey/NurPhoto via AP). Right: U.S. District Judge Karin Immergut (Stanford Law School). The Trump administration on Sunday asked a federal appeals court to step in and halt a federal judge's block preventing the government from deploying the National Guard in Portland, Oregon, calling that decision rife... In an emergency request at the 9th Circuit U.S. Court of Appeals for a stay pending appeal or at least an administrative stay by Nov.

21, the DOJ defended President Donald Trump's September determination that federalizing troops was necessary to protect an ICE facility and federal personnel in the face of a "danger" of "rebellion," even though the worst... Ten days ago, U.S. District Judge Karin Immergut, a Trump appointee, found that there were "violent protests" in June but these "quickly abated due to the efforts of civil law enforcement officers" and have been "predominately peaceful, with... Trump's decision to federalize the National Guard months after the time when violence was at its worst was a contentious issue during early October oral arguments at the 9th Circuit. This is read by an automated voice. Please report any issues or inconsistencies here.

The 9th Circuit Court of Appeals handed command of Oregon National Guard troops to the president Monday, further raising the stakes in the ongoing multifront judicial battle over military deployments to cities across the... A three-judge appellate panel — including two members appointed by Trump during his first term — found that the law “does not limit the facts and circumstances that the President may consider” when deciding... The judges found that when ordering a deployment, “The President has the authority to identify and weigh the relevant facts.” The ruling was a stark contrast to a lower-court judge’s finding earlier this month. Today a panel of three judges from the U.S. Court of Appeals for the Ninth Circuit ruled 2-1 that the Trump administration can deploy the National Guard to Portland.

"Thus, considering the totality of the circumstances from June through September, and applying the required highly deferential standard of review, we conclude that the President's assessment of the situation in Portland—specifically, the threat to... Circuit judges Ryan D. Nelson and Bridget S. Bade ruled in favor of the majority. Circuit judge Susan P. Graber dissented.

She wrote: "Given Portland protesters' well-known penchant for wearing chicken suits, inflatable frog costumes, or nothing at all when expressing their disagreement with the methods employed by ICE, observers may be tempted to view the majority's... But today's decision is not merely absurd. It erodes core constitutional principles, including sovereign States' control over their States' militias and the people's First Amendment rights to assemble and to object to the government's policies and actions. I strenuously dissent." Federal enforcement officers stand guard near an Immigration and Customs Enforcement facility in Portland, Ore., on Oct.

6. Ethan Swope/AP hide caption A divided federal appeals court for the 9th Circuit on Monday overturned a temporary restraining order put in place by a federal judge in Portland — removing a legal impediment that was preventing the... "After considering the record at this preliminary stage, we conclude that it is likely that the President lawfully exercised his statutory authority,'" the majority wrote in its decision. It's unclear what impact this ruling will immediately have on the ground. The 9th Circuit's decision applies to only one of the two temporary restraining orders that U.S.

District Judge Karin Immergut issued this month blocking the deployment. "Right now, until the district court acts on the second TRO, national guard members from Oregon, or any other state cannot deploy," Oregon Gov. Tina Kotek said in a statement. ‘The Big Weekend Show’ co-hosts discuss President Donald Trump’s deployment of National Guard troops to American cities as part of his crime crackdown. Judges for the U.S. Court of Appeals for the Ninth Circuit on Monday cleared the way for President Donald Trump to deploy hundreds of National Guard troops to Portland, handing a major victory to the president in his...

The case itself comes amid a fast-moving backdrop of similar court fights playing out across the country, including one challenge that has already been appealed to the Supreme Court. At issue in Oregon is a 9th Circuit ruling that affirmed Trump's authority to deploy 200 Oregon National Guard troops to Portland, despite the objections of local and state leaders. The 9th Circuit Court of Appeals ruled 2-1 Monday to lift a lower court order blocking Trump from federalizing the National Guard, finding he likely had the authority as president to order the deployments,... A Ninth Circuit Court of Appeals ruling Monday will allow the Trump administration to deploy National Guard troops in Portland — an important legal victory in a showdown over presidential power that’s happening on... The ruling overturns one of two lower court decisions to block the deployment as the appeal process plays out, but because the second decision is still in force, the troops can’t immediately be deployed. The three-judge panel weighed in on a temporary restraining order issued by US District Judge Karin Immergut, who last week ruled to extend two temporary restraining orders barring the deployment of federal troops to...

In light of the appellate court’s ruling, the Trump administration is asking that Judge Immergut’s second order be thrown out or paused, arguing in a Monday evening filing that both lower court orders relied... President Donald Trump’s success in Oregon comes days after he urged the Supreme Court to allow him to deploy the National Guard in Chicago in an emergency appeal of a lower court order that... National Guard troops cannot be deployed in Portland and President Donald Trump exceeded his authority by attempting to do so, a federal judge ruled Nov. 7. In a 106-page opinion, U.S. District Court Judge Karin Immergut outlined the facts of the case and concluded the Trump administration had violated both the 10th Amendment and Title 10, Section 12406 of the U.S.

Code. "The evidence demonstrates that these deployments, which were objected to by Oregon’s governor and not requested by the federal officials in charge of protection of the ICE building, exceeded the President’s authority," said Immergut,... The ruling comes after Immergut heard testimony during a three-day trial and issued a Nov. 2 preliminary injunction preventing troops from being deployed until 5 p.m. Nov. 7.

The relevant portion of Title 10, Section 12406 of the U.S. Code says the president can federalize troops when there is or is a threat of rebellion, or laws are unable to be executed using "regular forces." The Trump administration asked a federal appeals court late Sunday to immediately place a hold on a court ruling preventing the president from sending National Guard troops to a U.S. Immigration and Customs Enforcement facility in Portland. On Nov. 7, U.S.

District Court Judge Karin Immergut issued a 106-page permanent injunction that prevented the action and would return control of 200 Oregon National Guard members to state control by Friday. The Mark O. Hatfield United States Courthouse on Friday, Oct. 3 in Portland Ore. In an emergency motion filed Sunday with the United States Court of Appeals for the 9th Circuit, attorneys for the U.S. Department of Justice said Immergut’s order effectively second-guessed military judgements by the commander in chief, “something district courts lack the authority and competence to do.”

Federal law allows the president to federalize the National Guard under certain circumstances, such as an inability to execute the law using regular forces, a foreign invasion, or in cases of a rebellion or...

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