The US Court of Appeals for the Ninth Circuit has lifted a block on deploying National Guard troops to Portland, Ore., in support of President Trump. The decision allows some federal troops to be stationed at an Immigration and Customs Enforcement facility in South Portland.
However, lawyers for Oregon and the city of Portland have asked for an “en banc” rehearing, which will consider the case before a chief circuit judge and 10 randomly selected judges. This ruling does not guarantee the deployment’s future, as trial on the full lawsuit by the state and city is scheduled for October 29.
The appeals court ruled that some protests in Portland have been violent, with demonstrators attempting to set fires, throwing rocks, and threatening federal law enforcement officers. The ruling cited instances where protesters shot paintballs at officers and attempted to intimidate them.
Judge Susan P. Graber dissented, stating that the decision erodes core constitutional principles, including state control over the National Guard and the First Amendment right to assemble and protest.
The deployment’s future is uncertain, with President Trump having additional options if the courts rule against him, including invoking the Insurrection Act, which would provide a new legal basis for deploying troops.
Source: https://www.nytimes.com/2025/10/20/us/appeals-court-national-guard-troops-portland-trump.html