A U.S. appeals court decision on Monday allowed President Donald Trump to deploy National Guard troops to Portland, Oregon, despite opposition from local and state leaders. The court granted the Justice Department’s request to halt a judge’s order blocking the deployment, citing the need to respond to protesters who had damaged federal property and threatened officers.
The majority opinion, supported by Judges Bridget Bade and Ryan Nelson appointed by Trump, deemed the National Guard deployment appropriate. In contrast, Judge Susan Graber, appointed by Democratic President Bill Clinton, dissented, warning against the dangers of allowing troops to intervene in peaceful protests.
Oregon Attorney General Dan Rayfield criticized the ruling, expressing concerns about granting the president unilateral power over state soldiers. The White House welcomed the decision, stating that Trump acted within his lawful authority to safeguard federal assets and personnel.
The legal battle extends to other Democratic-led cities as Trump seeks Supreme Court intervention to validate his troop deployment decisions. In a separate case, a district judge ruled that Trump likely acted unlawfully in ordering National Guard troops to Portland, leading to ongoing legal challenges.
Democratic-led states have contested Trump’s use of military forces domestically, arguing that it violates federal laws and states’ constitutional rights. The lawsuits accuse Trump of exaggerating protest severity to justify seizing control of state National Guard units.
The split among 9th Circuit judges reflects differing views on the necessity of troop deployment in response to protests. While the majority cited past events to support the decision, dissenting opinions highlighted the peaceful nature of recent protests in Portland.
District judges have predominantly ruled against Trump’s National Guard deployments, with ongoing appeals court disputes over the legality of such actions. The 9th Circuit has previously upheld Trump’s troop use in California, while the 7th Circuit opposed troop deployment in Chicago.
