Appeals Court Allows National Guard Federalization, Blocks Deployment – KXL

Portland, Ore. – The Ninth Circuit Court of Appeals granted the Trump Administration’s request for an administrative stay, pausing a temporary restraining order (TRO) that blocked the federalization of Oregon’s National Guard. However, the judges say a second TRO, blocking the deployment of any National Guard troops to Portland remains in place. In the Wednesday ruling, the court says the federal government did not appeal that second TRO.

The stay allows the Oregon Guard to remain federalized, but not deployed.

After reading the ruling, Lewis & Clark Law School Professor Tung Yin says it sounds like the judges were concerned about what would happen if National Guard members were allowed to go home, and a future ruling came down in the President’s favor, “This order may be thinking, ‘it’s just less disruptive to everybody all around if we keep this part of the status quo.’” However, Yin is surprised the appellate court did not address the second TRO, “I guess I didn’t realize the government had not appealed that. Particularly since in the hearing, they had indicated they were going to appeal it.”