October 25, 2025
The Ninth Circuit Reverses Oregon Judge, Then Hits “Pause” on Deployment
What Happened: Portland, Oregon
On October 20 a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit lifted a lower-court order that had blocked Donald Trump from deploying the Oregon National Guard to Portland under 10 U.S.C. § 12406(3).
Then on October 24 the same court issued an administrative stay of its own panel decision—meaning the deployment remains blocked until Tuesday, October 28, while the Ninth Circuit decides whether to rehear the case with a larger panel of judges.
Why It Matters
The fight now turns on how far presidential power reaches when it comes to domestic deployment of state militias. The stay signals hesitation inside the court itself: two judges may have green-lit Trump’s order, but others clearly aren’t ready to let troops roll until the full court weighs in.
What the Lower Court Said
District Judge Karin Immergut found the president’s activation of the Guard likely exceeded his authority, violated the Posse Comitatus Act and the Tenth Amendment, and lacked a factual basis.
She described Portland’s protests as “largely sedate” by late September, usually under thirty people, and warned that the case “goes to the heart of what it means to live under the rule of law.”
What the Appeals Panel Said
The majority said Trump’s decision was “a colorable assessment of the facts and law within a range of honest judgment.”
Judge Ryan Nelson’s concurrence argued that such presidential Guard activations may be political questions that courts can’t review at all.
Judge Susan Graber’s dissent countered that there hadn’t been a single disruption in the two weeks before Trump’s order and called the deployment “a direct affront to Oregon’s sovereignty.”
What’s New: The Administrative Stay
On Oct. 25, 2025, the Ninth Circuit pressed pause.
The short order left the lower-court injunction in place through Tuesday while the judges decide whether to reconsider the panel’s ruling.
The administrative stay states it is temporary and expresses no opinion on the merits—but it keeps Trump’s order on ice for now.
The Bigger Context
The back-and-forth leaves Portland in legal limbo and the rest of the country watching a test case for domestic military authority.
If the full Ninth Circuit reopens the case, it could redefine how 10 U.S.C. § 12406 applies in the modern era—and whether any president can federalize a state’s Guard over the governor’s objection without a clear emergency.
Bottom Line
The Ninth Circuit gave Trump a green light, then immediately slammed the brakes.
The Guard stays home at least through Tuesday, while the court—and the country—wait to see whether “unable to execute the laws” still means what it once did.
Two Courts, One City
| Issue | District Court (Immergut, 10/4/2025) | Ninth Circuit Panel (10/20/2025) |
|---|---|---|
| Statutory Power | Exceeded § 12406; no “inability” shown | Lawful exercise within “range of honest judgment” |
| Factual Basis | Protests small & manageable | Record shows ongoing violent unrest |
| Tenth Amendment | Violated state sovereignty | No violation if statute properly invoked |
| View of Executive Power | Judicial check on overreach | Deference to Commander in Chief |
| Result | Deployment blocked | Deployment allowed pending appeal |
Sources
Ninth Circuit Court of Appeals
State of Oregon & City of Portland v. Trump, No. 25-6268 (Oct. 20 2025)
Full Opinion Overturning Restraining Order (PDF):
U.S. District Court for the District of Oregon
Temporary Restraining Order, State of Oregon v. Trump (Oct. 4 2025)
Full opinion (PDF):
News Coverage
“Oregon National Guard Deployment Stays Blocked as Ninth Circuit Considers Review of Case”
Oregon Capital Chronicle, Oct. 24 2025
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