Federal Court Ruling Challenges Trump's Domestic Military Deployment Power
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The case centers on Trump's decision to federalize the Oregon National Guard and deploy them to Portland. On September 27th, Trump posted on Truth Social that he was directing Defense Secretary Pete Hegseth to provide troops to protect what he called war-ravaged Portland from Antifa and other domestic terrorists, authorizing full force if necessary. The very next day, Secretary Hegseth issued a memorandum authorizing the deployment and federalization of 200 Oregon National Guard service members, completely overriding the objections of Oregon Governor Tina Kotek.
The State of Oregon and the City of Portland immediately filed suit, arguing that Trump exceeded his statutory authority under federal law and violated Oregon's sovereign rights protected by the Tenth Amendment. What makes this case particularly compelling is the timing and justification. The court found that unlike previous situations where such deployments might have been warranted, there was minimal evidence of significant unrest in Portland during September 2025. While there had been protests at a Portland ICE facility that peaked back in June, federal and local law enforcement had successfully managed the situation. In the month leading up to the federalization order, there were only four minor incidents involving protesters and federal officers.
The district court sided with Oregon and Portland, issuing the temporary restraining order on October 4th. But Trump's legal team immediately appealed, and by October 20th, the Ninth Circuit Court of Appeals was considering whether to stay that order. The three-judge panel consisting of Judges Susan Graber, Ryan Nelson, and Bridget Bade heard arguments about whether the President acted within his authority under Title 10 of the United States Code, specifically Section 12406.
This case joins a growing list of legal challenges against the Trump administration's actions in 2025. According to Lawfare's litigation tracker, similar cases have emerged in other jurisdictions, including challenges to immigration enforcement in sanctuary cities.
What happens next could have lasting implications. If the courts ultimately rule against Trump, it would represent a significant check on presidential power to deploy military forces domestically. For Oregon and Portland, it's about preserving state sovereignty and preventing what they see as federal overreach.
Thank you for tuning in. Come back next week for more updates on this developing story and other important legal news. This has been a Quiet Please production. For more, check out Quiet Please dot A I.
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