Oregon — Today, the U.S. Court of Appeals for the Ninth Circuit granted President Donald J. Trump’s request to stay a lower court order that had blocked his federalization of 200 members of the Oregon National Guard for deployment to Portland.
In a per curiam opinion, the court ruled that the President likely acted within his statutory authority under 10 U.S.C. § 12406(3), which allows federalization of state guard units when “the President is unable with the regular forces to execute the laws of the United States.” The decision reverses an October 4 temporary restraining order by a U.S. District Court in Oregon that had halted the deployment.
The majority found that the President’s determination reflected “a colorable assessment of the facts and law within a range of honest judgment,” citing Newsom v. Trump (2025) as precedent. The court concluded that violent disruptions around Portland’s Immigration and Customs Enforcement (ICE) facility between June and September justified a temporary deployment to protect federal property and personnel.
Judge Ryan D. Nelson concurred, arguing that under Supreme Court precedent, presidential determinations under §12406 are likely not reviewable by federal courts and that the President’s actions were historically supported by the early Militia Acts. Judge Susan P. Graber issued a sharp dissent, calling the majority’s reasoning “absurd” and warning that it “erodes core constitutional principles, including sovereign States’ control over their militias and the people’s First Amendment rights to assemble and object to government actions”.
The stay allows the Trump administration to proceed with its 60-day deployment while the full appeal is considered. Oregon Attorney General Ellen Rosenblum said her office is reviewing the ruling and weighing next steps.
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