9th Circuit Ruling Challenges State Control Over National Guard
NAACP - AOWSACThe NAACP Alaska, Oregon, and Washington State Area Conference (AOWSAC) is closely monitoring a deeply concerning legal battle over presidential power after a federal appeals court panel ruled the Trump administration can deploy National Guard troops in Portland, Oregon. In a 2-1 decision, the Ninth Circuit Court of Appeals panel overturned a lower court’s temporary restraining order that had previously blocked the federal deployment. The ruling marks a significant escalation in the showdown over the president’s authority to send forces into states against the wishes of local leadership.
The administration has argued that the troops are necessary to protect federal property, specifically Portland’s Immigration and Customs Enforcement (ICE) facility, from ongoing protests. The panel’s majority, both Trump appointees, stated that even if the president exaggerates the severity of protests, “this does not change that other facts provide a colorable basis to support the statutory requirements.” However, a second lower court order remains in effect, meaning troops cannot be immediately deployed while the legal process continues.
In a powerful dissent, Clinton appointee Judge Susan P. Graber wrote that the decision “is not merely absurd. It erodes core constitutional principles, including sovereign States’ control over their States’ militias and the people’s First Amendment rights to assemble and to object to the government’s policies and actions.” This sentiment was echoed by Oregon Governor Tina Kotek and Attorney General Dan Rayfield, who called the ruling a step on a “dangerous path in America” and confirmed the state will petition for an *en banc* review by a larger 11-judge panel.
This legal fight in Oregon is part of a wider national conflict, with similar challenges to federal deployments in Chicago and Memphis. The situation also raises alarming questions about the potential use of the Insurrection Act, a seldom-used law that grants the president broad authority to deploy the military for domestic law enforcement. The NAACP AOWSAC stands with Oregon’s leadership in opposing this federal overreach and defending the constitutional rights and sovereignty of our communities.
Frequently Asked Questions
1. What did the 9th Circuit Court rule?
A 2-1 panel ruled to overturn a lower court’s order, effectively allowing the Trump administration to deploy the National Guard to Portland. However, a second, separate order still blocks the immediate deployment of troops.
2. Why does the federal government want to deploy troops?
The administration states it needs to deploy troops to protect federal property and personnel, specifically citing protests that have occurred outside the ICE facility in Portland.
3. What was the argument of the dissenting judge?
Judge Susan P. Graber argued in her dissent that the majority’s decision “erodes core constitutional principles,” including a state’s control over its own militia and the people’s First Amendment rights to assemble and protest.
4. How have Oregon’s leaders responded?
Governor Tina Kotek and Attorney General Dan Rayfield strongly oppose the ruling. Rayfield called it “dangerous” and has pledged to seek an *en banc* review, which would have a larger 11-judge panel rehear the case.
5. What is the Insurrection Act?
It is a rarely used 1807 law that gives the U.S. president the authority to deploy the military and federalize the National Guard for domestic law enforcement, even without a state governor’s request, under certain limited conditions.
