A federal appeals court on Monday allowed President Trump to deploy Oregon National Guard troops to Portland after a judge recently issued a Temporary Retraining Order (TRO).
The Ninth Circuit Court of Appeals lifted the lower court’s TRO in a 2-1 decision.
The three-judge panel included: Nelson (Trump), Bade (Trump) and (Clinton).
President Trump previously called up hundreds of California National Guard Troops to Portland to circumvent the judge’s order blocking Oregon National Guard Troop deployment.
Trump also activated up to 400 Texas National Guard troops for deployment to Oregon, Illinois and other states amid violent, anti-ICE protests.
Earlier this month, Judge Karin Immergut, a Trump appointee, blocked President Trump’s National Guard deployment to Portland.
Judge Immergut issued a Temporary Restraining Order (TRO) and blasted President Trump’s decision to deploy troops.
The TRO was set to expire on October 18, however Judge Immergut last week extended her TRO that blocks Trump from deploying National Guard troops to Portland.
The judge warned that Trump’s justification to deploy troops to Portland may send the country into a constitutional crisis.
The Ninth Circuit Court of Appeals previously unanimously voted to lift Judge Immergut’s Temporary Restraining Order on Trump’s mobilization of Oregon National Guard Troops.
However, the Ninth Circuit left in place Judge Immergut’s block on troop deployment.
On Monday, the Ninth Circuit allowed President Trump to deploy Oregon National Guard troops to Portland and said he “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.””
In a separate case, President Trump on Friday asked the US Supreme Court to intervene and allow National Guard troops to be deployed in Chicago.
Last Thursday, the Seventh Circuit unanimously upheld the lower court’s order blocking President Trump’s troop deployment to Chicago.
Supreme Court Justice Amy Coney Barrett did not immediately order an administrative stay on Friday. She ordered Illinois officials to respond by Monday.
Stay tuned!
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