Overview
- The appeals panel ruled 2–1 that the president likely acted lawfully under 10 U.S.C. §12406(3) to take command of 200 Oregon National Guard members.
- The decision stayed one restraining order that had barred federalization but left in place another that prevents sending troops into Oregon for now.
- Judges Ryan Nelson and Bridget Bade formed the majority, while Judge Susan Graber dissented and warned the ruling erodes core constitutional principles.
- The court cited a colorable basis to protect a Portland ICE facility and noted the limited, 60‑day scope and size as indicators of proportionality.
- Oregon plans to seek rehearing and the case heads to a late‑October trial, as mixed rulings in Illinois and elsewhere leave the broader legal fight unresolved, including a Supreme Court request in the Chicago matter.