View full size image of Mayor Wilson and Governor Kotek hold signs at rally saying "Oregon is home."
Today a panel of three judges from the U.S. Court of Appeals for the Ninth Circuit ruled 2-1 that the Trump administration can deploy the National Guard to Portland.
The court's majority opinion held that:
"Thus, considering the totality of the circumstances from June through September, and applying the required highly deferential standard of review, we conclude that the President's assessment of the situation in Portland—specifically, the threat to federal personnel and property, and the resulting inability to execute federal laws—"reflects a colorable assessment of the facts and law within a range of honest judgment."
Circuit judges Ryan D. Nelson and Bridget S. Bade ruled in favor of the majority.
Circuit judge Susan P. Graber dissented. She wrote:
"Given Portland protesters' well-known penchant for wearing chicken suits, inflatable frog costumes, or nothing at all when expressing their disagreement with the methods employed by ICE, observers may be tempted to view the majority's ruling, which accepts the government's characterization of Portland as a war zone, as merely absurd. But today's decision is not merely absurd. It erodes core constitutional principles, including sovereign States' control over their States' militias and the people's First Amendment rights to assemble and to object to the government's policies and actions. I strenuously dissent."
Mayor Keith Wilson vowed to appeal the decision to the full court.
"Portland stands for democracy, dignity, and the right to peacefully protest," Mayor Wilson said. "Our focus is simple and unchanging: we demand transparency, accountability, and community-led solutions, not troops on our streets. Our National Guard members are our neighbors, coworkers, and loved ones, and they deserve better than this unnecessary, unwanted deployment."
"We will not stand by while federal agencies sidestep local authority. Our legal team, working with the Oregon Department of Justice, will use every lawful tool to prevent this overreach. I call on federal decision-makers to stop these deployments, honor local governance, and partner with us on real public-safety solutions that respect civil rights and protect our community."
The City will ask the full Ninth Circuit Court to review the panel's decision. In the meantime, the Trump administration still faces a couple of legal hurdles before the troops can be deployed. The administration will need to ask U.S. District Judge Karin Immergut to dissolve a second temporary restraining order that she issued October 5 that barred Trump from deploying troops. Procedural steps are expected to take one to three days before any troops can be deployed.
The 200 members of the Oregon National Guard that this ruling applies to are under the command of Northern Command and the United States Secretary of War. The Trump administration has not released details about their mission.