PORTLAND, Ore. (KOIN) — The 9th Circuit Court of Appeals will hold oral arguments Thursday morning in Oregon’s lawsuit against the Trump administration regarding sending the National Guard to Oregon.
Three San Francisco judges will hear the case at 9 a.m. The court will decide whether to uphold or reject Oregon’s temporary restraining order, which was granted by U.S. District Court Judge Karin Immergut.
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This comes after the State of Oregon was granted a restraining order against Trump sending National Guard troops into the state. The federal court decision is now being challenged by the Trump administration.
Immergut ruled Friday that Trump’s reasoning for calling up the National Guard troops in Portland was “simply untethered to the facts” and temporarily barred implementation of a Department of Defense memorandum authorizing federalization and deployment of 200 federalized Oregon troops.
On Wednesday, the court of appeals determined that Oregon National Guard members can remain federalized, but cannot deploy to Portland, as the panel placed the case on an administrative hold.
“An administrative stay is intended to ‘minimize harm while an appellate court deliberates,’ and lasts ‘no longer than necessary to make an intelligent decision on the motion for stay pending appeal,’” as explained in court documents obtained by KOIN 6 News.
The three-judge panel wrote in their order that the administrative stay was granted to preserve the status quo, and that prior to the Oct. 4 temporary restraining order, the Oregon National Guard had been federalized but not yet deployed.
They also said the stay “does not constitute in any way a decision as to the merits of the motion for a stay pending appeal.”
This is a developing story.
Matt Rawlings
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