Year: 2025

The U. S. Court of Appeals for the Ninth Circuit just temporarily paused a ruling from a split three-judge panel that would have allowed President Donald Trump to call up the National Guard in Portland, Oregon, against protesters at that city’s Immigration and Customs Enforcement facility. That means that, for the time being, Trump remains stymied from calling up the Guard in Portland. According to Law Dork’s Chris Geidner, “A resolution on en banc consideration is expected(?) to happen by 5p Tuesday” meaning the appellate court will decide to rehear the case before every judge on the court, as opposed to the three-judge panel dominated by two of Trump’s own appointees. The Ninth Circuit as a whole has a majority of Democratic appointees and is often skeptical of Trump’s policies in legal challenges. Trump was initially blocked from the deployment by U. S. District Judge Karin Immergut, herself a Trump appointee, who in a blistering decision found that none of the facts on the ground supported Trump’s claim that a rebellion was underway. The initial Ninth Circuit reversal of this ruling was met with heavy criticism from legal experts, who noted that the majority was substituting their own opinions for the factual findings of the lower court.