A divided federal appeals court ruled Monday that President Donald Trump can deploy National Guard troops into Portland, Oregon, despite objections from state and city leaders.
Reuters reported that the 9th U.S. Circuit Court of Appeals lifted an earlier injunction blocking the move, giving the president a significant legal victory as he expands troop deployments to Democratic-led areas.
The three-judge panel voted 2–1 to grant the Justice Department’s request to proceed. According to Reuters, the court found that Trump acted within his constitutional authority to protect federal property and enforce federal law in the face of unrest.
The ruling overturns a decision by U.S. District Judge Karin Immergut, who had sided with Oregon Gov. Tina Kotek and Portland Mayor Ted Wheeler. Both argued that the deployment violated the Constitution’s 10th Amendment and the Posse Comitatus Act, which restricts military involvement in domestic law enforcement.
The Washington Post reported that about 200 Oregon National Guard members are set to be federalized and deployed to protect courthouses and other federal buildings in Portland. The Justice Department said the move is necessary because of attacks on federal facilities during ongoing protests.
Kotek and other state officials sued the administration, claiming the president overstepped his authority and undermined state control of the Guard. The New York Times said Oregon’s attorney general warned that the order turned the Guard into “an instrument of political intimidation.”
The appeals court majority rejected those arguments. In its opinion, the court said Congress had long given presidents power to federalize Guard units when needed to enforce federal law or defend federal assets.
Legal experts told Reuters the decision is a major test of presidential power to use military forces domestically. It expands executive authority over the National Guard while the case continues in lower courts.
Politico reported that the decision contrasts with a recent ruling from the 7th Circuit, which blocked a similar Trump deployment in Chicago. The conflicting outcomes could send the issue to the Supreme Court for resolution.
For Trump, the decision is a key affirmation of his approach to law and order.
Reuters said the ruling lets the White House move quickly in deploying troops and strengthens the president’s argument that the federal government must act when local officials fail to protect federal property or maintain order.
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