Date: 2025-10-20
Summary
- A three-judge panel of the U.S. Court of Appeals for the 9th Circuit voted 2–1 to stay a lower-court order, allowing the Trump administration to deploy National Guard troops to Portland, Oregon, while litigation proceeds.
- The panel wrote that at this preliminary stage it is likely the president lawfully exercised statutory authority under 10 U.S.C. § 12406(3).
- The order was unsigned; Judge Susan Graber dissented.
- Earlier, U.S. District Judge Karin Immergut had temporarily blocked the deployment; the appeals court’s stay removes that block for now.
“After considering the record at this preliminary stage, we conclude that it is likely that the President lawfully exercised his statutory authority.” — 9th Cir. panel (order granting stay)
What’s next
- The case continues on the merits. According to NBC News, the ruling addresses Oregon National Guard deployment; a separate TRO barring deployment of troops from other states remains unless and until appealed or modified.
Sources
- NBC News — Appeals court allows Trump’s deployment of National Guard in Portland (Oct 20, 2025): nbcnews.com
- The Hill — Appeals court allows Trump to deploy National Guard troops to Portland (Oct 20, 2025): thehill.com
- NPR — 9th Circuit rules that National Guard can deploy to Portland (Oct 20, 2025): npr.org
- Washington Post — Trump can send troops to Portland, appeals court says (Oct 20, 2025): washingtonpost.com
- Order (PDF via CourtListener): courtlistener.com PDF