A three-judge panel on the U.S. Court of Appeals for the 9th Circuit restored President Donald Trump’s control of the Oregon National Guard, but paused his ability to deploy them.
The move lifts U.S. District Judge Karin Immergut’s temporary restraining order against Trump’s federalization of the Oregon National Guard and the deployment of its members.
The administration appealed and requested an administrative stay from the 9th Circuit.
The judges wrote that “granting an administrative stay will best preserve the status quo.”
They noted that before Immergut’s temporary restraining order, the government federalized the Oregon National Guard, but hadn’t deployed them:
The Memorandum authorized federalization of the Oregon National Guard members. An administrative stay of the October 4 temporary restraining order will maintain the federalization of Oregon National Guard members, because that order prohibits implementation of the Memorandum. Additionally, the second temporary restraining order has not been challenged or appealed, and it prohibits the deployment of National Guard members in Oregon. Thus, the effect of granting an administrative stay preserves the status quo in which National Guard members have been federalized but not deployed.
The DOJ claimed that Immergut’s TRO “improperly impinges on the Commander in Chiefs supervision of military operations, countermands a military directive to officers in the field and endangers federal personnel and property.”
Oregon and Portland officials insisted the federalization and deployment “infringe on Oregon’s sovereign power to manage its own law enforcement activity and its own National Guard and cause economic and other harms to the city of Portland.”
[Featured image via YouTube]
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