The 9th U.S. Circuit Court of Appeals handed President Donald Trump a key legal victory Monday, ruling that he can move forward with his National Guard deployment to Portland, Oregon. The 2–1 decision gives the Trump administration new momentum as it pushes to restore order in cities facing unrest despite opposition from local Democratic officials.
Judges Ryan Nelson and Bridget Bade — both Trump appointees — formed the majority, concluding that “it is likely that the President lawfully exercised his statutory authority under 10 U.S.C. § 12406(3), which authorizes the federalization of the National Guard when ‘the President is unable with the regular forces to execute the laws of the United States.’” Clinton appointee Judge Susan Graber dissented.
The decision overturns a lower court ruling that had temporarily blocked Trump’s order and criticized it as “untethered to reality.” The appeals panel stayed that order pending review, signaling strong judicial support for the administration’s position.
“It may well be that the forces are used in an improper way, but we don’t have evidence of that,” Judge Nelson said during oral arguments. “It doesn’t strike me as a glaring overuse on its face.”
Oregon officials had argued that the protests in Portland did not meet the legal threshold of a “rebellion,” but the court appeared unconvinced. Nelson pushed back on that interpretation, noting that presidents have broad discretion to deploy the Guard when local authorities cannot maintain order.
The ruling underscores the administration’s authority to act amid urban unrest and could shape ongoing disputes in other Democratic-led cities as similar cases move toward the Supreme Court.
