Trump administration seeks dismissal of Oregon Guard appeal

The U.S. Department of Justice has dropped its appeal of a federal judge’s ruling that blocked President Donald Trump’s deployment of National Guard troops to Portland, Oregon. Attorneys for Oregon, California, and the City of Portland have indicated they also support dismissing the case.

A panel of judges from the U.S. Court of Appeals for the 9th Circuit was preparing to hear oral arguments in June, but the appellate judges still need to formally approve the Justice Department’s decision to halt the appeal for the ruling to stand.

Background of the Deployment

On September 27, President Trump announced the deployment of 200 National Guard troops to Portland to protect federal properties, including an Immigration and Customs Enforcement facility that had been the site of ongoing protests.

Legal Challenges and the District Court Ruling

U.S. District Court Judge Karin J. Immergut issued a permanent injunction, finding that the president’s attempt to send troops to Portland violated both federal law and the 10th Amendment of the U.S. Constitution. The Trump administration appealed this decision to the 9th Circuit in November.

Supreme Court Involvement

The 9th Circuit had paused the appeal to observe the outcome of a similar case in Illinois involving Trump’s efforts to deploy troops. The U.S. Supreme Court subsequently blocked those efforts in Chicago.

Positions of the Parties

Attorneys for Oregon, California, and the City of Portland stated their willingness to allow the case to be dismissed, provided the 9th Circuit instructs Judge Immergut to continue monitoring and enforcing the permanent injunction. Oregon Attorney General Dan Rayfield emphasized the need for continued court oversight given the president’s ongoing threats to deploy troops.

Presidential Statements

Despite the Supreme Court ruling in Illinois, President Trump has reiterated his willingness to use the military in American cities, specifically mentioning Portland. He stated on January 4 that the administration was “allowed to go back” to Portland.