10/20/2025
The 9th U.S. Circuit Court of Appeals on Monday ruled that President Donald Trump can deploy Oregon National Guard troops into the city of Portland, delivering a significant victory to the Trump administration as it continues its effort to send federal forces into Democratic-led cities despite a string of recent setbacks in other district and appeals courts.
Judges on the three-member panel ruled 2-1 to authorize Trump's deployment. Judge Ryan Nelson and Judge Bridget Bade, both appointed by Trump, sided with the administration in the majority ruling, with the lone Clinton-appointed judge, Susan Graber, dissented.
"After considering the record at this preliminary stage, we conclude that it is likely that the President lawfully exercised his statutory authority under 10 U.S.C. § 12406(3), which authorizes the federalization of the National Guard when ‘the President is unable with the regular forces to execute the laws of the United States,’" the majority said.
The 9th Circuit weighed Trump’s plan to send Oregon National Guard troops to Portland, a test of presidential power likely headed to the Supreme Court.
