In a landmark decision with far-reaching implications for federal-state relations, the U.S. Court of Appeals for the Ninth Circuit ruled Monday that President Donald Trump acted within his legal authority when he ordered the deployment of National Guard troops to Portland, Oregon. The ruling overturns a temporary restraining order issued by a lower court and reignites debate over the limits of presidential power during times of civil unrest.
The 2-1 decision, handed down by a panel that included two judges appointed by Trump, found that the President’s invocation of the Insurrection Act and other federal statutes provided sufficient legal grounds to override state objections. The court emphasized that while Trump’s public statements may have amplified the severity of the protests, the administration presented credible evidence of threats to federal property and personnel, particularly around the U.S. Immigration and Customs Enforcement facility in Portland’s South Waterfront district.
The legal challenge was spearheaded by Oregon Attorney General Dan Rayfield, joined by California and the city of Portland, who argued that the President’s unilateral action violated the Tenth Amendment and undermined state sovereignty. The plaintiffs contended that the deployment was politically motivated and lacked the factual basis required for federal intervention.
Judge Michelle Friedland, the lone dissenter on the panel, warned that the ruling could set a dangerous precedent by allowing future presidents to bypass state governments under loosely defined conditions. “This decision risks eroding the constitutional balance between federal and state authority,” Friedland wrote in her dissent.
The Ninth Circuit’s ruling specifically addresses the first of two temporary restraining orders issued by U.S. District Judge Karin Immergut. While the appellate court stayed the initial order, the second remains in effect, creating a patchwork of legal constraints that may limit the immediate deployment of troops. The court has requested supplemental briefs from both parties by October 22, 2025, signaling that further review—potentially by an en banc panel of judges—may be forthcoming.
In response to the ruling, Attorney General Rayfield reaffirmed Oregon’s commitment to defending its autonomy. “Regardless of what happens next, Oregon will continue to fight to uphold Oregon’s laws and the Constitution,” he stated.
The decision arrives amid heightened tensions between the Trump administration and Democratic-led cities, many of which have resisted federal involvement in local law enforcement matters. Portland, in particular, has been a flashpoint for clashes between protesters and federal agents since the summer of 2020, when demonstrations over racial justice and immigration policy escalated near federal buildings.
Legal scholars say the Ninth Circuit’s ruling could have ripple effects beyond Portland, potentially influencing how future administrations interpret their emergency powers. “This case is about more than one city—it’s about the scope of executive authority in times of domestic unrest,” said constitutional law professor Elena Martinez of Stanford University.
As the legal battle continues, all eyes are on the Ninth Circuit and the possibility of Supreme Court involvement. For now, the ruling stands as a pivotal moment in the ongoing struggle over who controls the streets—and the soldiers—in America’s cities.
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