Ƶ Statement on Divided Ninth Circuit Opinion Permitting Trump’s National Guard Deployment in Portland
PORTLAND, OR — In a 2-1 decision, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit blocked a lower court order that stopped the Trump administration from federalizing and deploying 200 Oregon National Guard members to Portland over Governor Kotek’s objection. While two judges agreed that the lower court’s order should be overruled, a third judge dissented. Minutes after the ruling, a motion for the full Ninth Circuit to reconsider the decision was filed. Today’s decision does not address a second district court order, which prohibited federalized National Guard troops, including from California and Texas, to deploy to Portland.
“We are very disappointed that the majority on this Ninth Circuit panel were unable to see through President Trump’s political theater, divisive rhetoric, and extreme abuse of power and misuse of our military,” said Sandy Chung, executive director of the Ƶ of Oregon. “The fact remains that Portland is peaceful. Portland protesters have shown a remarkable level of humor, creativity, and community care in the face of this administration’s persistent and violent abuses of power. Inflatable frog and unicorn costumes, bike rides, and musical events are hardly a threat or reason to take the extremely dangerous and anti-democratic action of sending American troops into our communities.”
In a dissent, Judge Susan P. Graber decried the majority’s decision, writing: “Given Portland protesters’ well-known penchant for wearing chicken suits, inflatable frog costumes, or nothing at all when expressing their disagreement with the methods employed by ICE, observers may be tempted to view the majority’s ruling, which accepts the government’s characterization of Portland as a war zone, as merely absurd. But today’s 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.” Judge Graber also asked that those “watching this case unfold... retain faith in our judicial system for just a little longer.”
The ruling comes after the administration appealed an October 4 decision by U.S. District Court Judge Karin Immergut finding that the President’s determination that federal law enforcement officers could not “execute federal law” in Portland was “simply untethered to the facts,” and there was no “rebellion” or a “danger of rebellion” in the city.
“As the founders emphasized, domestic deployment of troops should be reserved for rare, extreme emergencies as a last resort, but that is far from what the Trump administration is doing in Portland, Chicago, Los Angeles, and DC,” said Hina Shamsi, director of the Ƶ’s National Security Project. “The presence of troops in otherwise beautiful vibrant American cities erodes a sense of safety and undermines the core freedoms to assemble and voice dissent. We hope that the full Ninth Circuit swiftly weighs in to correct this mistake and safeguard core constitutional values. Congress also has a role to play and can use its funding power to block the further deployment of troops in our streets.”
Courts across the country are hearing challenges to National Guard deployments in other cities, and people across the country have continued to protest peacefully and lawfully against the deployments. On Saturday, nearly seven million people across the country took to the streets in defense of civil rights and liberties, including tens of thousands in Oregon.