A federal appeals court on Wednesday overturned a judge’s order that had blocked President Donald Trump from calling Oregon National Guard troops into federal service, though he remains barred from deploying them in the state for the time being.
In a brief order Wednesday, a three-judge panel of the 9th U.S. Circuit Court of Appeals said its decision best preserves the “status quo.”
The panel will hear arguments Thursday on whether to pause U.S. District Judge Karin Immergut’s order while the administration’s appeal is pending.
“The effect of granting an administrative stay preserves the status quo in which National Guard members have been federalized but not deployed,” the judges wrote. “Defendants have not appealed or challenged the second temporary restraining order, and it is not before us.”
Immergut on Friday granted Oregon officials a restraining order after Trump ordered Secretary of War Pete Hegseth to send Oregon National Guard troops to Portland.
When the president later sought to deploy California troops instead, Immergut blocked that move as well with a ruling issued Sunday night.
The Trump administration pressed the appeals court to act by Monday, arguing that Immergut had “impermissibly second-guessed” the president’s military decisions.
Trump proceeded to send hundreds of federalized troops from California and Texas to Portland instead.
At a hearing Sunday night, Immergut questioned how the move was not “in direct contravention” of her earlier order.
Immergut’s second order headed off the severe state sovereignty issues stemming from the president using one state’s militia in a nonconsenting state, but it proved only temporary.
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