A federal appeals court ruled Monday that former President Donald Trump can deploy National Guard troops to Portland, Oregon, despite opposition from state and city leaders. The decision marks a significant legal victory for the Trump administration and expands presidential authority over the use of federalized state troops.
According to Reuters, the 9th U.S. Circuit Court of Appeals voted 2-1 to lift an earlier injunction that blocked the deployment. The majority found that Trump acted within his constitutional powers to safeguard federal property and enforce federal law during periods of civil unrest. The ruling overturns a decision by U.S. District Judge Karin Immergut, who had sided with Oregon Governor Tina Kotek and Portland Mayor Ted Wheeler. They argued that the move violated both the 10th Amendment and the Posse Comitatus Act, which limits military involvement in domestic law enforcement.
The Washington Post reported that roughly 200 Oregon National Guard members are expected to be federalized to protect courthouses and other government buildings in Portland. The Justice Department defended the deployment as necessary, citing repeated attacks on federal facilities during protests in the city.
State officials have criticized the decision, saying it undermines local authority and could set a dangerous precedent. Oregon’s attorney general warned that the order effectively turns the Guard into “an instrument of political intimidation.”
The appeals court majority disagreed, pointing out that Congress has historically granted presidents broad power to federalize the National Guard to enforce federal law or defend federal assets. Legal experts interviewed by Reuters described the case as a major test of presidential authority and a potential turning point for how military forces can be used within the United States.
The ruling also highlights a growing divide among federal courts. Politico noted that it contrasts sharply with a recent decision by the 7th Circuit Court of Appeals, which blocked a similar Trump deployment in Chicago. The conflicting rulings could ultimately push the issue to the U.S. Supreme Court for resolution.
For Trump, the ruling reinforces his long-standing “law and order” message. By allowing the federalization of National Guard troops, the decision strengthens his argument that the federal government must step in when local officials fail to maintain order or protect federal property.