9th Circuit Vacates Trump Win in Oregon National Guard Deployment Case

A full U.S. Court of Appeals for the 9th Circuit has vacated a prior appellate ruling that favored the Trump administration in a legal battle over the federal deployment of state National Guard troops in Portland, Oregon. The case will now be reheard en banc, meaning all active judges will consider it.

The dispute began when Oregon challenged the federal government’s use of National Guard troops, claiming violations of statutory law, the Administrative Procedure Act (APA), and the Constitution. On Oct. 4, U.S. District Judge Karin Immergut issued a temporary restraining order (TRO) barring the deployment of Oregon’s National Guard. A second TRO was later issued to prevent the use of federalized troops in Oregon, and both have been extended at times.

A three-judge appellate panel initially stayed the first TRO in a 2-1 ruling favoring the White House, authored by Trump-appointed judges. However, subsequent court filings revealed errors in the government’s representations about troop deployments, including overstatements of how many federal officers had been sent to Portland. The Department of Justice admitted that prior submissions were incorrect and expressed regret.

As a result, the full 9th Circuit paused the panel’s stay and formally vacated the earlier pro-Trump decision, restoring the first TRO. The second TRO, which was never appealed, has remained in effect throughout.

This move underscores the court’s scrutiny of federal overreach in the deployment of state National Guard troops and ensures that the restrictions on such deployments remain in place until the case is fully reconsidered.