Appeals court restores Trump’s control over Oregon National Guard

A federal appeals court on Wednesday temporarily lifted a lower court order blocking President Trump from federalizing Oregon National Guard troops, though he still cannot deploy them in the state.

The Ninth Circuit’s administrative stay pauses U.S. District Judge Karin Immergut’s earlier ruling while the court considers the administration’s appeal, maintaining the “status quo” in which the troops are federalized but not deployed.

Immergut had found Trump’s justification for the call-up “untethered to the facts” and barred the deployment of 200 Oregon troops, prompting the president to attempt to send troops from California and Texas instead.

Oregon, joined by California, sued to prevent any federalized National Guard deployment in Portland, arguing it violated state sovereignty and blurred the line between military and civilian law enforcement.

The appeals panel, consisting of two Trump appointees and one Clinton appointee, will hear further arguments Thursday on whether to extend the pause while the case proceeds.