9th Circuit court rules on Trump's National Guard deployment in Portland
A three-judge panel, comprised of two Trump appointees and one Clinton appointee, heard the case last week
By Breanne Deppisch Fox News
Published October 20, 2025 3:51pm EDT
The 9th U.S. Circuit Court of Appeals on Monday ruled that President Donald Trump can deploy Oregon National Guard troops into the city of Portland, delivering a significant victory to the Trump administration as it continues its effort to send federal forces into Democratic-led cities despite a string of recent setbacks in other district and appeals courts.
Judges on the three-member panel ruled 2-1 to authorize Trump's deployment. Judge Ryan Nelson and Judge Bridget Bade, both appointed by Trump, sided with the administration in the majority ruling, with the lone Clinton-appointed judge, Susan Graber, dissented.
"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 majority said.
The move has become a political flashpoint as protesters opposing his key policies have clashed with law enforcement. Oregon officials and civil liberties groups say the administration is exaggerating the threat, while Trump allies insist the Guard is needed to restore order.
After a federal judge in Oregon temporarily blocked Trump's attempt to deploy troops to Portland earlier this month, the 9th U.S. Circuit Court of Appeals agreed to hear the Trump administration’s appeal.
The lower court judge had described Trump's action in her emergency order as "untethered to reality," and one that she said risks "blurring the line between civil and military federal power — to the detriment of this nation."
The appeals court quickly stayed the lower court’s order pending review.
The ruling comes as Trump has sought to deploy hundreds of National Guard troops to Democratic-led cities despite stated opposition from local and state leaders. Senior administration officials have argued that the deployment is a necessary step to crack down on what they say is an uptick in violent crime and protect against threats from protesters, including anti-ICE demonstrations in many downtown areas.
more
https://www.foxnews.com/politics/9th-circuit-court-rules-trumps-national-guard-deployment-portland
