The 9th U.S. Circuit Court of Appeals will reconsider Oregon's fight to block the Trump administration's deployment of National Guard troops into the state against its wishes.
An appeals court panel ruled 2-1 this month to allow the deployment. The court said Tuesday it would hear the case “en banc,” meaning a court of 11 active judges on the 9th Circuit will rehear it.
Circuit Judges Ryan Nelson and Bridget Bade, both Trump appointees, had initially voted to allow the deployment. Circuit Judge Susan Graber, a Clinton appointee, voted against it.
"Partisans who cheer this President’s use of troops to protect personnel who are enforcing federal immigration laws would do well to consider whether they would be equally pleased if a future President uses troops to protect personnel who are enforcing laws that they vehemently dislike," Graber wrote in her dissent.
U.S. District Judge Karin J. Immergut had issued two temporary restraining orders blocking the Trump administration from sending Oregon's — or any other state’s — National Guard onto the streets of Portland.
The appeals court said Tuesday the three-judge panel's ruling has been vacated, meaning Immergut's previously issued orders will remain in effect until further notice.
Immergut, a Trump appointee, said in her order that it appeared Trump was acting in bad faith with exaggerated claims of violence in the city, including that it was “war ravaged” with “ICE Facilities under siege from attack by Antifa” and “crazy people” who “try to burn down buildings, including federal buildings” every night.
“The President’s determination was simply untethered to the facts,” she wrote.
The White House has stood by its decisions to send in National Guard troops.
“The facts haven’t changed. Amidst ongoing violent riots and lawlessness, that local leaders have refused to step in to quell, President Trump has exercised his lawful authority to protect federal officers and assets. President Trump will not turn a blind eye to the lawlessness plaguing American cities and we expect the court to uphold the law.” White House spokeswoman Abigail Jackson said Tuesday night.
