9th Circuit Halts Portland Troop Deployments Until Tuesday

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9th Circuit Halts Portland Troop Deployments Until Tuesday

The Ninth Circuit Court of Appeals has paused the deployment of National Guard troops to Portland. This decision comes ahead of a crucial ruling on the legality of such deployments, initially scheduled for October 20. The pause lasts until 5 p.m. on October 28.

Ninth Circuit Halts Portland Troop Deployments Until Tuesday

Judge Karin Immergut is expected to make a ruling by Monday on whether to lift a restraining order that blocks National Guard deployments to Portland. This comes as a trial concerning the issue is set to begin on Wednesday, raising concerns about the timeline for troop readiness.

Background of the Case

On October 20, the Ninth Circuit ruled that a lower court was wrong to issue a temporary restraining order that prevented the federalized Oregon National Guard from deploying to Portland. Judge Immergut is currently evaluating a request from the federal government to dismiss a second restraining order.

  • Date of Ruling: October 20
  • Deadline for Court Decision: October 28 at 5 p.m.
  • Trial Start Date: Wednesday following the court’s decision

Legal Arguments and Concerns

During a teleconference hearing, legal representatives voiced differing perspectives on the situation. An attorney for the Trump administration expressed discontent with the court’s slow response to the appellate court ruling. The attorney stated, “We already won this in the Ninth Circuit, at least for now.”

Oregon and Portland city representatives raised caution. Attorney Scott Kennedy suggested there is a significant chance of an imminent en banc rehearing. He warned against hastening troop deployments, describing the current situation as “fragile and very critical” ahead of the trial.

Next Steps in the Legal Process

All 29 members of the Ninth Circuit Court may vote on whether to hold a hearing to reconsider the appellate court’s decision. If approved, a panel of 11 judges will deliberate on the deployment’s legality. Regardless of their initial ruling, no troop deployment can proceed until the second restraining order is lifted.

Judge Immergut has inquired whether a limited deployment of 200 Oregon National Guard soldiers could be permitted. The president’s attorney indicated that this would be acceptable. “The Oregon people are ready to deploy,” he asserted, awaiting the court’s resolution.

Statements from Oregon Officials

Oregon Attorney General Dan Rayfield commented on the gravity of the court’s deliberations, emphasizing the implications for constitutional rights, state sovereignty, and community safety. He noted that the upcoming trial would address whether the planned troop deployment is necessary and lawful.

Rayfield urged citizens to maintain peace in Portland, reinforcing the community’s identity amid uncertain conditions. “We’re grateful the court is giving thoughtful consideration to the facts,” he added.