Ninth Circuit Poised to Rehear Trump’s Portland Troop Order

A recent federal appeals court decision, which granted former President Donald Trump the authority to deploy Oregon National Guard troops to Portland, is now facing potential reconsideration by a larger judicial body. The ruling, issued by a three-judge panel on Monday, cleared the way for Trump’s planned federalized troop deployment, but a swift challenge has set the stage for a broader review by the Ninth Circuit Court of Appeals.

Hours after the initial 2-1 decision, which affirmed Trump’s legal standing to send federalized military personnel into Portland, a judge on the Ninth Circuit formally initiated a process to revisit the case. This action triggered an immediate order, compelling legal teams for both the state of Oregon and the city of Portland to submit written arguments advocating for a rehearing. Conversely, lawyers representing the Trump administration must file briefs opposing such a review. All submissions are due by midnight on Wednesday.

Judicial Scrutiny and Oregon’s Strong Opposition

Following the submission of these briefs, all 29 active judges on the Ninth Circuit Court of Appeals, recognized as the nation’s largest federal appeals court, will cast votes on whether the case should be reheard by an expanded panel. The legal maneuver underscores the contentious nature of the troop deployment, a move consistently opposed by Oregon’s state leadership.

Oregon Governor Tina Kotek expressed profound dismay over the initial panel’s decision. “I’m very troubled by the decision of the court,” Kotek told reporters, articulating her hope that the full Ninth Circuit will overturn the 2-1 ruling. She specifically echoed the sentiments of dissenting judge Susan Graber, a Portland-based jurist, who urged her colleagues to vacate the decision. Governor Kotek reiterated her call for the Trump administration to withdraw all National Guard members from the city.

A Dissenting Voice and Legal Pathway Forward

The dissenting opinion from Judge Graber has become a focal point for those challenging the panel’s ruling. Oregon’s Attorney General, Dan Rayfield, has also publicly urged the full appeals court to heed Judge Graber’s dissent and reverse the panel’s findings. The state’s unified front against the deployment highlights the significant legal and political stakes involved.

Should the vote favor a new hearing, legal journalist Chris Geidner indicated that the case would then be deliberated by an 11-judge panel. This larger group would include Chief Judge Mary Murguia, an appointee of former President Barack Obama, alongside 10 other judges randomly assigned to the case. This expanded review would delve deeper into the legal merits of Trump’s authority to deploy federalized troops within the Democratic stronghold of Portland.

The initial panel’s Monday decision had effectively overturned a lower court’s recent injunction that had previously blocked Trump from deploying the troops. Trump has consistently maintained that the purpose of deploying National Guard personnel to Portland is to safeguard federal property and agents, a claim that has been met with persistent resistance from state and city officials. The forthcoming vote by the full Ninth Circuit will be a pivotal moment in this ongoing legal and political battle over federal intervention in local affairs.

Source: The Guardian