9th Circuit Court Rules in Favor of Trump, Allowing National Guard Deployment in Portland

The 9th U.S. Circuit Court of Appeals delivered a major legal victory for the Trump administration on Monday, authorizing the deployment of Oregon National Guard troops to Portland. The three-judge panel ruled 2-1, with two Trump-appointed judges siding with the administration and the lone Clinton appointee dissenting. The decision reverses a temporary block issued by a federal judge in Oregon, who had criticized the deployment as “untethered to reality” and warned it blurred the line between civil and military authority.

The court majority found that the president likely acted within his statutory authority under 10 U.S.C. § 12406(3), which allows federalization of the National Guard when the president deems that “regular forces” are insufficient to enforce the law. Trump and his allies have framed the deployment as necessary to combat rising crime and safeguard public order amid ongoing protests, including anti-ICE demonstrations. Critics, however, argue that the administration has exaggerated the threat to justify sending military forces into Democratic-led cities.

During the 90-minute appeal hearing, the judges appeared largely sympathetic to the Trump administration’s arguments. Judge Ryan Nelson, a Trump appointee, said the president’s decision “doesn’t strike me as a glaring overuse on its face,” while noting that improper use of troops was not yet evident. Oregon Assistant Attorney General Stacy Chaffin countered that the protests in Portland did not meet the legal threshold for a “rebellion,” one of the conditions required to justify federalizing the National Guard. She argued that local staffing and administrative concerns do not warrant military intervention.

The ruling comes amid a broader legal battle over Trump’s efforts to deploy federal forces to cities governed by Democrats. Earlier, a 7th Circuit Court of Appeals in Chicago partially lifted a block on federal troop deployment, allowing them to remain stationed at a nearby Army Reserve base. The Trump administration has now asked the Supreme Court to intervene and prevent the lower court from obstructing federal deployments in Chicago.

Critics see the court’s decision as a dangerous precedent, effectively empowering the federal government to send military forces into domestic cities whenever local authorities are perceived as insufficiently forceful. Supporters argue it reinforces presidential authority to maintain order during unrest. Until the Supreme Court weighs in, the question of how far the federal government can go in deploying troops against civilian protests remains unresolved, leaving Portland and other targeted cities in the crosshairs of a high-stakes political and legal showdown.