A U.S. appellate court has decided that President Donald Trump has the authority to deploy National Guard troops in Portland, Oregon, over the objections of local leaders. The court ruling, issued by a three-judge panel of the 9th U.S. Circuit Court of Appeals, granted a Justice Department request to pause a lower court’s order that had blocked the deployment.
The court deemed the deployment of National Guard troops as a suitable response to protesters who had caused damage to a federal building and posed threats to U.S. Immigration and Customs Enforcement officers. The majority opinion, supported by Circuit Judges Bridget Bade and Ryan Nelson, both appointed by President Trump, emphasized that courts have no jurisdiction to review the president’s decision to send troops.
On the contrary, Circuit Judge Susan Graber, appointed by former President Bill Clinton, dissented, arguing that allowing troops to intervene in response to peaceful protests was not only nonsensical but also perilous. Oregon Attorney General Dan Rayfield also urged the 9th Circuit to reconsider the ruling, cautioning that it could grant the president unchecked power to deploy troops without adequate justification.
White House spokeswoman Abigail Jackson welcomed the court’s decision, asserting that President Trump had acted within his legal rights to safeguard federal assets and personnel from protesters. President Trump has sought U.S. Supreme Court intervention to validate his authority to deploy troops in Democratic-led cities, following a separate appeals court ruling against his troop deployment in Chicago.
In a related development, U.S. District Judge Karin Immergut, appointed by President Trump, had ruled that Trump likely overstepped his authority by ordering troops to Portland. This ruling came after Trump’s directive to send 200 National Guard troops to the city, part of his administration’s controversial use of military personnel in various U.S. cities to quell protests and enhance immigration enforcement efforts.
Further legal battles are ongoing as Democratic-led states and cities challenge Trump’s deployment of National Guard troops, alleging violations of federal laws and states’ rights under the U.S. Constitution. The Posse Comitatus Act, which restricts the use of the military for domestic law enforcement, is central to these legal disputes. Notably, the 9th Circuit judges disagreed on the necessity for troop deployment in Portland, with contrasting views on the evidence considered to justify such action.
Despite the legal back-and-forth, President Trump remains resolute in his decision to deploy troops, claiming the need to restore order and protect federal interests in cities facing civil unrest. The ongoing legal battles underscore the contentious nature of Trump’s use of military forces within the country.