President Donald Trump moved one step closer to deploying National Guard troops in yet another American city on Monday. In a 2-1 ruling, the 9th Circuit Court of Appeals overturned one of two restraining orders barring the president from deploying troops in Oregon’s largest city.
“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.
The Trump administration ordered 200 members of the Oregon National Guard into federal service last month, with an eye toward deployment in Portland. Trump has spent much of his second term arguing that he has the authority to mobilize state troops in cities like Los Angeles and Chicago, citing supposed spikes in crime. That argument has landed the Trump administration in court repeatedly, with many lower court judges blocking the president via restratining orders. One such order in Portland, issued by U.S. District Judge Karin Immergut, remains in place.
In a statement, Oregon Gov. Tina Kotek said no National Guard members can deploy in Oregon on Trump’s orders “until the district court acts on the second [restraining order].” U.S. Northern Command shared in a statement that “the Title 10 National Guard soldiers in Portland are not conducting any operational activities at this time.”
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In her dissent, Circuit Court Judge Susan Graber pleaded with her fellow members of the judiciary to bar Trump from sending the military into American cities.
“I urge my colleagues…to act swiftly to vacate the majorty’s order before the illegal deployment of troops under false pretenses can occur,” she wrote. “I ask all those who are watching this case unfold to retain faith in our judicial system for just a little longer.”
