A U.S. appeals court ruled Monday that President Donald Trump acted within his legal authority when he federalized Oregon’s National Guard and ordered troops to be deployed to Portland, overturning a lower court’s decision that had temporarily blocked the move.
The Ninth Circuit Court of Appeals’ ruling represents the latest escalation in a power struggle between the Trump administration and Democratic-led states, particularly Oregon, over what state officials have described as “authoritarian overreach.” The court’s majority opinion found that the president likely “lawfully exercised his statutory authority” in authorizing federal deployment amid protests and unrest in the city.
The decision allows 200 National Guard troops to be dispatched to protect federal buildings, which authorities say have been repeatedly targeted by demonstrators — some reportedly wearing animal costumes — in protest against immigration enforcement policies.
The court’s 2-1 ruling lifts a prior stay issued by U.S. District Judge Karin Immergut, who had ruled that Portland’s unrest did not rise to the level of a national emergency requiring federal military intervention. Immergut had previously criticized Trump’s characterization of Portland as “war-ravaged,” writing that his claims were “simply untethered to the facts.”
In her ruling, Immergut noted that while isolated acts of vandalism and assaults had occurred, the administration failed to show that such violence was “part of an organized attempt to overthrow the government.” She concluded that “regular law enforcement forces” were sufficient to maintain order and that the protests posed no imminent “danger of rebellion.”
However, the appellate majority disagreed, emphasizing that the president possesses broad powers under the Insurrection Act and related federal statutes to ensure federal operations and personnel are protected. The court held that Trump’s actions did not violate constitutional boundaries and that the urgency of protecting federal property justified the decision to federalize Oregon’s National Guard.
Circuit Judge Susan Graber issued a strong dissent, warning that the ruling undermines state sovereignty and First Amendment rights. “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,” Graber wrote. “But today’s decision is not merely absurd. It erodes core constitutional principles, including sovereign States’ control over their militias and the people’s right to assemble.”
The ruling marks a significant victory for the Trump administration, which has clashed with local officials in several major U.S. cities over the handling of protests and immigration enforcement. Portland now joins a list of cities — including Los Angeles, Washington, Memphis, and Chicago — where Trump has authorized National Guard or federal deployments to quell unrest and protect federal facilities.
France24/AFP
