A divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit on Monday overturned a lower court ruling that had blocked Trump from sending federalized Guard troops into the city. The new decision temporarily authorizes the former president’s effort to deploy troops in Oregon’s largest city one of several locations where he has either sent troops or vowed to do so, including Los Angeles, Chicago, and Washington, D.C.
Oregon Officials Condemn the Ruling
In a statement released Monday, Oregon Attorney General Dan Rayfield (D) urged the full appeals court to reconsider the decision, warning that it gives the president unchecked power over state military forces.
“If allowed to stand, this ruling would give the president unilateral power to put Oregon soldiers on our streets with almost no justification,” Rayfield said. “We are on a dangerous path in America.”
Governor Tina Kotek (D) called the potential deployment a “gross, un-American abuse of power.” She noted that a second temporary restraining order still prevents the immediate deployment of troops in the state.
“The fight is not over,” Kotek told reporters at a press briefing. “This is about protecting our constitutional boundaries and ensuring that military force is never used against civilians.”
The Court’s Reasoning
The 2–1 ruling from the appeals panel stated that Trump likely acted lawfully when he federalized the Oregon National Guard during 2020 protests over immigration enforcement. The majority argued that the lower court failed to give proper “deference” to the president’s authority to determine when federal laws cannot be enforced through regular means.
The dissenting judge, however, warned that the decision undermines the constitutional balance between state and federal power — potentially opening the door for future presidents to deploy state troops for political purposes.
Broader National Legal Battle
The Oregon case is part of a growing legal clash over presidential control of state National Guard units.
In Chicago, a federal judge blocked Trump’s attempt to deploy troops in Illinois, citing “a lack of credibility” in the administration’s justification. The Trump administration has appealed to the U.S. Supreme Court to lift that injunction, with a decision expected later this week.
Meanwhile, California filed an amicus brief opposing Trump’s actions, revealing that some of its own Guard members had already been federalized and sent to Illinois.
“Our message to the courts is clear Trump is putting our military members on the frontlines of a completely unlawful activation against American communities,” said California Governor Gavin Newsom (D).
California maintains that it has a “substantial interest” in the outcome since it continues to fight the federalization of over 4,000 members of its National Guard.
Oregon’s Legal Argument
Oregon’s filings assert that the Trump administration’s deployment efforts violate the state’s sovereign power to manage its own law enforcement and military affairs.
The Trump administration, in contrast, argues that it acted lawfully, claiming troops were needed because federal immigration officers and property were “the subject of regular, often-violent protests.”
What Comes Next
Oregon officials have asked the full Ninth Circuit Court to rehear the case. If the court declines, the issue could ultimately reach the U.S. Supreme Court, potentially setting a major precedent on presidential authority to mobilize state troops.
“This isn’t just about Oregon,” Governor Kotek said. “It’s about the future of federalism and the rule of law in America.”