The 9th Circuit Court of Appeals will rehear the Trump administration’s appeal to deploy and federalize the National Guard to Portland, OR.
The “majority of nonrecused active judges” voted to rehear the case en banc.
En banc requires the approval of a majority of the judges of the 9th Circuit. In this case, the panel will consist of eleven judges.
Last week, a three-judge panel froze a lower court order that stopped President Donald Trump from sending the National Guard to Portland.
U.S. District Judge Karin Immergut placed two restraining orders on Trump: no federalization of the Oregon National Guard & sending in the Oregon National Guard, and no sending in the California National Guard.
The 9th Circuit already lifted Immergut’s order restraining Trump from federalizing the Oregon National Guard.
Judges Ryan Nelson and Bridget Bade found “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.’”
Therefore, they believe Trump will “likely succeed on the merits of their appeal.”
The other judge and Oregon asked the court for a review en banc.
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