Overview
- In a 2–1 decision, Ninth Circuit judges Ryan D. Nelson and Bridget Bade said the president likely acted lawfully under 10 U.S.C. §12406(3) to federalize the Oregon National Guard, overturning one district court restraining order.
- A second temporary restraining order from U.S. District Judge Karin Immergut remains in effect and prevents any immediate deployment, with the administration seeking to dissolve it based on the appellate ruling.
- The Ninth Circuit has called a vote on whether to rehear the case en banc, with briefing ordered by Oct. 22, and the district court has scheduled further proceedings on the remaining order.
- Judge Susan P. Graber dissented, warning of an erosion of state control and First Amendment protections, while Oregon Governor Tina Kotek and Attorney General Dan Rayfield denounced the ruling and pressed for en banc review.
- Roughly 200 Oregon Guard members at Camp Rilea and about 200 California Guard members at Camp Withycombe remain staged without a deployment timeline as the administration cites the Ninth Circuit ruling in an emergency Supreme Court fight over a separate Chicago deployment.