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9th Circuit Pauses Portland Tear Gas Limits on Federal Officers

The temporary stay sets up an expedited April 7 hearing on whether judges can curb DHS crowd-control tactics.

Overview

  • The Ninth Circuit, which issued the order Wednesday, granted temporary administrative stays that pause two Oregon district court injunctions.
  • The panel ruled 2-1 with two Trump-appointed judges in the majority and a dissent from a Biden-appointed judge, and it set consolidated arguments for April 7.
  • The paused injunctions from Judges Michael Simon and Amy Baggio had allowed chemical agents and projectiles only when there was an imminent threat of harm.
  • The cases were brought by the ACLU of Oregon on behalf of protesters and freelance journalists and by REACH on behalf of residents living across from the ICE facility.
  • DHS and DOJ argue these tools are needed to protect officers and federal property, while plaintiffs say the tactics harmed nearby residents and chilled protest and press.