US appeals court upholds Trump’s right to deploy National Guard troops to Portland

A divided US appeals court ruled on Monday that Donald Trump can send National Guard troops into Portland, Oregon, despite objections by city and state leaders, granting the Republican president a significant legal victory as he deploys military forces to more Democratic-led areas.

A three-judge panel of the 9th US Circuit Court of Appeals agreed to stay a judge’s order blocking the deployment while legal challenges play out. Portland-based US District Judge Karin Immergut, appointed by Trump during his first term, had ruled earlier that Trump likely acted unlawfully by ordering troops to Portland.

One judge dissented while two ruled in favor of Trump. Immergut had barred the National Guard deployment at least until the end of October, scheduling a non-jury trial on October 29 to decide on a longer-term block.

Trump has sent troops to US cities including Los Angeles, Washington DC, and Memphis, with plans for Portland and Chicago. Democratic-led states and cities have sued to stop these deployments, citing violations of federal laws and the US Constitution’s 10th Amendment protecting state rights.

The lawsuit claims Trump exaggerated protest severity to justify federal control of state National Guard units. Protests in Portland were largely peaceful, with few arrests and minimal violence.

A federal law generally limits military use for domestic law enforcement. Trump relied on a law allowing presidents to deploy state National Guard to repel invasions, suppress rebellions, or enforce laws. National Guard troops answer to governors unless federalized.

The appeal panel, including judges appointed by Trump and Clinton, emphasized courts should not frequently second-guess presidential decisions on troop necessity.

District courts remain split on the issue, with some rulings halting trooper deployment and others allowing it. The unfolding legal battle raises vital questions about federal power and state autonomy.