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9th Circuit Takes Portland Guard Case En Banc, Vacates Panel Ruling as Trial Begins

The decision keeps Judge Karin Immergut’s orders blocking Guard deployments in place during an expedited fact-finding trial.

Overview

  • A majority of active 9th Circuit judges voted to rehear the case and vacated the Oct. 20 panel ruling that had favored the administration.
  • Judge Karin Immergut’s temporary restraining order barring federal deployment of the Oregon National Guard remains in effect through Saturday, with a broader order blocking out-of-state Guard deployments through Sunday.
  • A three-day trial opens in Portland to develop a detailed record on the legality of President Trump’s mobilization, with Oregon, California and the city of Portland challenging the plan.
  • The judge highlighted an exhibit indicating a possible Oct. 5 Oregon Guard presence at the Portland ICE facility under her first TRO, while DOJ attorney Jean Lin said officials had double- and triple-checked and confirmed no deployment occurred.
  • Proceedings will end each day at 5 p.m. due to limited security and staffing, as court personnel are working without pay during the federal government shutdown.