Appeals court lets Trump deploy Oregon National Guard to Portland

[BumRushDaShow]

Last edited Mon Oct 20, 2025, 04:42 PM - Edit history (1)

Source: CBS News

Updated on: October 20, 2025 / 4:26 PM EDT


Washington — A federal appeals court on Monday cleared the way for the Trump administration to mobilize and deploy members of the Oregon National Guard to Portland while a legal challenge moves forward.

A divided panel of three judges on U.S. Court of Appeals for the 9th Circuit agreed to freeze a lower court order that had blocked the Trump administration from sending Oregon National Guard troops to Portland to protect federal immigration personnel and property.

In its 2-1 ruling, the majority found the Trump administration is likely to prevail on the merits of its appeal by establishing that President Trump lawfully invoked a law known as Title 10 to bring Oregon's National Guard into federal service and send them to Portland.

"The statute delegates the authority to make that determination to the President and does not limit the facts and circumstances that the President may consider in doing so," Judges Ryan Nelson and Bridget Bade, both appointed to the 9th Circuit by Mr. Trump, said in the opinion for the court.

Read more: https://www.cbsnews.com/news/trump-national-guard-portland-appeals-court/

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Link to RULING (PDF) - https://storage.courtlistener.com/recap/gov.uscourts.ca9.b3c1c6b0-b390-4c9d-b557-fc5d525fd150/gov.uscourts.ca9.b3c1c6b0-b390-4c9d-b557-fc5d525fd150.61.0.pdf


Just breaking.

Article FINALLY updated.

Original article -

October 20, 2025 / 3:15 PM


Washington — A federal appeals court on Monday cleared the way for the Trump administration to mobilize and deploy members of the Oregon National Guard to Portland while a legal challenge moves forward.

A divided panel of three judges on U.S. Court of Appeals for the 9th Circuit agreed to lift a lower court order that had blocked the Trump administration from sending Oregon National Guard troops to Portland to protect federal immigration personnel and property.

This is a developing story and will be updated

[Blues Heron]

1. The Nazis are embedded everywhere these days.

[angrychair]

2. Oregon should refuse

Appeal to the while 9th circuit court or just say "No one is available" quiet quiting

In all seriousness, the courts are garbage can of inconsistencies.

There is zero evidence for a need to deploy federalized national guard anywhere.

[SunSeeker]

5. Yes, there needs to be an immediate appeal to the full 9th Circuit. 2 Trump appointees made this ruling.

It was a 2-1 decision by 2 deranged Trump appointees.

[nilram]

3. They should give them refresher training on what is an isn't illegal order.

[SunSeeker]

4. 2-1 decision, 2 Trump appointees sided with Trump.

Although the 7th Circuit gave “substantial deference” to the commander in chief’s views, it found no credible evidence to support his claim that widespread violence currently plagues Chicago.  The 9th Circuit panel was given even less evidence for Portland. It was an absolutely baseless decision by two Trumper judges.

[Fiendish Thingy]

6. I'm sure the full 9th circuit will overturn this ruling

Let’s hope for a quick stay pending appeal to en banc

[FBaggins]

10. I don't think they'll take it

I don't think they'll think that it can win at the SCOTUS level. Might not even be just 6-3

Note that the Newsom v. Trump decision was also two Trump judges in the 9th and was based on similar reasoning. They're still considering whether to hear it en banc four months later

[Fiendish Thingy]

13. But did they issue a stay pending appeal?

After all, the guard has been withdrawn from LA.

[SARose]

7. More info from USA Today and Democracy Docket

A 9th U.S. Circuit Court of Appeals panel ruled 2-1 on Oct. 20 that Trump is authorized to deploy troops when "the President is unable with the regular forces to executive the laws of the United States." Judges Ryan Nelson and Bridget Bade, who were both appointed by Trump, said he acted within "a range of honest judgment."

Judge Susan Graber, who was appointed by former President Bill Clinton, disagreed. She wrote that Congress authorized calling up the National Guard only to repel a foreign invasion, quell a rebellion or overcome an inability to execute the laws, not to combat protesters in chicken suits and inflatable frog costumes.

Snip

The two judges in the majority said they didn’t agree with Trump’s assessment that Portland was a "war zone" for him to act.

"The dissent erroneously asserts that we 'accept the government’s characterization of Portland as a war zone,'" Nelson and Bade wrote. "Clearly, we do not."

More

And from Democracy Docket

Graber encouraged the rest of her colleagues on the Ninth Circuit to “swiftly” vacate Monday’s order “before the illegal deployment of troops under false pretenses can occur.”

“Above all, I ask those who are watching this case unfold to retain faith in our judicial system for just a little longer.”

More

More deference my ass! Are these the same two who allowed the Guard into LA?

[BlueKota]

8. How can we still have faith in the legal system?

Even if lower courts rule against tsf the kiss ass six just overturn their rulings and let him do whatever the hell he wants.

[LetMyPeopleVote]

9. There may be an en banc rehearing of this ruling

First, a Ninth Circuit judge has sua sponte — on their own — already called for a vote on whether there should be an en banc rehearing

Link to tweet

Next, the full Ninth Circuit has called for rehearing briefing by 11:59 PM on Wednesday on whether President Trump may deploy the National Guard

Link to tweet

Normally this type of motion takes far more time

[SARose]

16. Awesome!

You made my night. 💕

[hadEnuf]

11. Here's a vexing legal question:

Exactly why the hell is the National Guard needed in Portland Oregon? Aside from Trump's deranged rantings and the legal gymnastics, of course.

Is there any common sense left in this country?

[FBaggins]

12. That's isn't really a legal question

Whether a policy makes sense and whether a president has the power to enact that policy are two different questions

[hadEnuf]

14. I guess I should have indicated sarcasm.

It's insane that Trump can deploy military in this country when there is absolutely no reason to do so. It's also insane that the legal system is allowing it.

[SARose]

15. And why should the judiciary continue to give "deference"

to Trump? I don’t get it.

The man is a well documented liar; a 34 times convicted felon; a convicted sexual predator; and a coup plotting piece of garbage.

To me, this is absolute corruption in plain sight. Sick.

[hadEnuf]

17. It's awful.

Trump literally makes things up out of thin air and 50% of these courts and, of course, the entire Republican Party, codify it into law by direct action or plain inaction.