The Trump administration is still battling to deploy National Guard troops to Portland, Oregon, even after the Ninth Circuit Court of Appeals gave them a win by overturning a temporary restraining order (TRO) on Monday.
The city of Portland and state of Oregon filed a lawsuit when President Donald Trump authorized the use of the Oregon National Guard last month to protect Immigration and Customs Enforcement (ICE) officials from violent left-wing Antifa members.
U.S. District Judge Karin Immergut responded to the lawsuit by prohibiting the deployment of the Oregon National Guard to Portland, stating that the conditions were “not significantly violent or disruptive” to justify it, ABC News reported.
Trump’s claims about the violence in the city and targeting of ICE facilities were “simply untethered to the facts,” the judge argued.
In order to get around that TRO, the Trump administration attempted to deploy members of the California National Guard to Portland — which was also hit with a TRO from Immergut.
The Ninth Circuit lifted the first TRO on Monday, finding that “it is likely that the President lawfully exercised his statutory authority” to federalize the Oregon National Guard, but the second TRO remains in place as of Wednesday.
“While the second order is still in place, all National Guard troops are barred from deploying in Portland,” CNN reported.
In the Ninth Circuit’s Monday ruling, the court indicated that Immergut needed to reevaluate her second TRO, saying they believe the two orders “rise and fall together.”
Immergut is set to hold a hearing Friday morning to consider whether to dissolve or suspend the order, but judges with the Ninth Circuit are still “weighing whether to rehear the decision that struck down Immergut’s first restraining order,” the outlet noted:
If the appeals court judges decide to hold this rehearing, called an “en banc” hearing, the previous decision will be thrown out and a new one will be made by an 11-judge panel, as opposed to the standard 3-judge panel. It is unclear what effect this would have on Immergut’s restraining orders.
For now, the appeals court has not announced whether it will rehear the case en banc.
The Trump administration has launched its own offense at the second TRO, filing a motion on Monday seeking to dissolve or “at a minimum” to suspend it until it expires on November 2, ABC News reported.
A hearing is scheduled for October 29.
Olivia Rondeau is a politics reporter for Breitbart News based in Washington, DC. Find her on X/Twitter and Instagram.
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