PORTLAND, Ore. — The 9th U.S. Circuit Court of Appeals announced on Oct. 20 the overturning of Portland’s temporary restraining order against National Guard deployment. The TRO was originally put in place by U.S. District Judge Karin J. Immergut, preventing President Donald Trump from deploying the National Guard to the city.
Although divided, the court’s majority ruled in favor of allowing the federalization of Oregon’s National Guard, citing the protests at the U.S. Immigration and Customs Enforcement facility as evidence.
“On June 14, a serious incident occurred when a group of protesters, including one who was carrying a firearm, advanced up the driveway of the ICE facility toward the main gate,” the court wrote.
They added other incidents, such as protesters allegedly following ICE agents to their hotels and blocking their vehicles outside the facility. The court also cited Newsom v. Trump as the basis for their ruling, explaining that the ruling in that case found that the statute §12406(3) does not require President Trump to be unable to invoke federalization of his troops.
The court also found itself guilty of errors in its previous ruling, citing that it had put too much weight on the president’s social media posts, additionally claiming that despite Trump’s “exaggeration” online, the harassment ICE officers have alleged is not negated.
President Trump’s motion for stay was granted pending appeal by the majority, although some judges are urging the reversal of this conclusion. Circuit Judge Susan P. Graber argued in 36 pages that the findings of the court should be appealed, claiming that “demonstrations in Portland were non-disruptive and small.”
“By design of the Founders, the judicial branch stands apart. We rule on facts, not on supposition or conjecture, and certainly not on fabrication or propaganda,” Graber wrote. “I urge my colleagues on this court to act swiftly to vacate the majority’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.
This story may be updated.
