Appeals court backs Trump’s right to use National Guard amid Portland chaos

By Hannah Nightingale | The Post Millennial

A divided three-judge panel of the US Court of Appeals for the 9th Circuit agreed to lift the lower court’s order blocking the use of the Oregon National Guard.

A US appeals court has ruled that the Trump administration can deploy Oregon Natioanl Guard troops to Portland. This comes after a district court judge blocked the administration from deploying both Oregon and other states’ National Guards to Portland to help protect the ICE facility there that has seen nightly unrest since June. 

A divided three-judge panel of the US Court of Appeals for the 9th Circuit agreed to lift the lower court’s order blocking the use of the Oregon National Guard, per CBS News. 

The judges wrote in their descision, “After considering the record at this preliminary stage, we conclude that it is likely that the President lawfully exercised his statutory authority under 10 U.S.C. § 12406(3), which authorizes the federalization of the National Guard when ‘the President is unable with the regular forces to execute the laws of the United States.”

The ruling cited multiple violent events outside the ICE facility, including fire being set to objects, federal officers being assaulted, and the building being damaged. 

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