 "US Customs and Border Protection agents detain a man outside the US Immigration and Customs building during a protest in Portland, Ore. File image/ AP")
On Saturday, a federal judge in Oregon temporarily blocked US President Donald Trump’s decision to deploy 200 National Guard troops to Portland . US District Judge Karin J. Immergut, who oversaw the case, was interestingly a Trump appointee. After hearing the Oregon and Portland lawsuit against the Trump administration, Judge Immergut issued a temporary restraining order.
According to NBC News, the court order will expire on October 18 and is subject to extension. In her Saturday ruling, Immergut wrote that the US Constitution grants Congress the power to call forth troops — the “militia” in the founding document — to execute laws, suppress an insurrection or repel an invasion.
She went on to state that the Trump administration’s attempt to federalise the National Guard , absent constitutional authority, undermines the sovereign interests of Oregon. “This country has a longstanding and foundational tradition of resistance to government overreach, especially in the form of military intrusion into civil affairs,” Immergut wrote.
“This historical tradition boils down to a simple proposition: this is a nation of Constitutional law, not martial law. Defendants have made a range of arguments that, if accepted, risk blurring the line between civil and military federal power — to the detriment of this nation,” she furthered.
Not the final say
It is pertinent to note that Justice Immergut’s Saturday ruling is not the final say on the matter. However, the Oregon judge wrote that the plaintiffs showed a likelihood of success on the merits, justifying a temporary restraining order. She blocked the implementation of the Trump administration’s September 28 memo ordering the federalisation and deployment of the Oregon National Guard.
While reacting to the court ruling, Oregon Governor Tina Kotek said on Saturday that “justice has been served, and the truth has prevailed.” “There is no insurrection in Portland. No threat to national security. No fires, no bombs, no fatalities due to civil unrest. The only threat we face is to our democracy — and it is being led by President Donald Trump,” she said in a statement.
Meanwhile, a White House spokesperson suggested the restraining order may be appealed by the Trump administration. “President Trump exercised his lawful authority to protect federal assets and personnel in Portland following violent riots and attacks on law enforcement — we expect to be vindicated by a higher court,” spokesperson Abigail Jackson said. The ruling is now being seen as a setback for the Trump administration as it seeks to use military troops in some Democratic-run cities.
Impact Shorts
More ShortsLast month, a federal judge in California ruled that the Trump administration’s use of the National Guard and Marines in Los Angeles was illegal. In that case, the US Judge Charles Breyer in San Francisco ruled that the administration violated the Posse Comitatus Act — the 1878 law that prohibits the president from using the military as a domestic police force.