CaliToday (21/10/2025): In a major legal victory for the Trump administration, the 9th U.S. Circuit Court of Appeals has ruled 2-1 to permit President Donald Trump to federalize and deploy the Oregon National Guard in an effort to "restore order" in Portland.
The decision, first reported by Fox News, reverses a lower court's injunction that had previously blocked the president from taking control of the state's Guard forces.
The ruling comes as a direct response to the sustained and often violent unrest in the city, which has been described as "ravaged by riots." The intense atmosphere on the ground was recently captured in images showing federal police in full riot gear advancing through clouds of pink tear gas, confronting protesters carrying banners with slogans such as "Abolish ICE."
The Legal Justification
The 2-1 majority opinion, authored by two judges appointed by President Trump, was based on a specific federal statute. The court cited 10 U.S.C. §12406, a provision that grants the President the authority to call a state's National Guard into federal service to "enforce the laws of the United States" or "suppress rebellion" in cases of severe civil unrest.
The lower court had previously sided with Oregon officials, blocking the move as an overstep of federal power. However, the 9th Circuit's new ruling affirms the administration's argument that the President possesses this federal authority when state and local officials fail to protect federal property or enforce federal law during periods of intense instability.
Immediate Opposition from Oregon
The decision was met with immediate and fierce condemnation from Oregon officials. They have argued that the federal government is manufacturing a crisis and that the ruling "exceeds constitutional authority."
State leaders insisted that the protest situation, while ongoing, is no longer at an emergency level that would justify such a drastic federal intervention. They characterized the decision as a dangerous move that "threatens the principle of state self-governance" and sets a disturbing precedent for federal overreach into local affairs.
A Powerful Precedent
Legal observers immediately recognized the ruling's national significance. The Trump administration has been engaged in similar legal battles over the scope of federal power in other cities, including Chicago, Seattle, and Minneapolis, where the administration has sought to deploy federal forces against the wishes of local leaders.
This 9th Circuit decision provides the administration with significant legal ammunition. It sets a powerful precedent that a president can invoke federal authority to intervene directly in states deemed "unstable," particularly in a political climate where Democrats are facing increasing criticism for perceived "weak management" of major cities experiencing unrest.
