A separate TRO blocks the deployment of troops to Portland until the case goes to trial on October 29th.
A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued a procedural decision to stay a temporary restraining order (TRO) that stopped President Donald Trump from federalizing National Guard troops in Oregon. The president’s administration was sued to keep the National Guard from defending federal Immigration and Customs Enforcement facilities from demonstrators and rioters in Portland.
The panel’s majority wrote, “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 decision continued, “Some of these protests have been peaceful, but many have turned violent, and protesters have threatened federal law enforcement officers and the building. 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.”
While the decision supports the president’s federalization of the National Guard, the actual deployment of those troops is still halted by a separate restraining order until a court hears the suit brought by Governor Kotek and the state attorney general on October 29.
As the Lord Leads, Pray with Us…
- For federal judges and justices as they hear challenges to the president’s authority under federal statute and the Constitution.
- For wisdom for President Trump as he seeks to protect federal agents and property.
Sources: OANN, Politico, Townhall
