A U.S. appeals court has granted former President Donald Trump the authority to deploy National Guard troops to Portland, Oregon — a decision that deepens the legal and political divide over the federal government’s power to intervene in state affairs.
The ruling, delivered by a split three-judge panel of the 9th Circuit Court of Appeals, temporarily overturned an earlier order that had blocked Trump’s deployment while challenges play out in court. The majority said the president’s decision was a legitimate response to protesters accused of damaging federal property and threatening federal officers.
Both judges who backed the ruling — Bridget Bade and Ryan Nelson — were appointed during Trump’s first term. Nelson went even further in his concurring opinion, asserting that courts have no authority to question a president’s judgment in such matters.
But Circuit Judge Susan Graber, appointed under President Bill Clinton, dissented sharply, calling the decision “not merely absurd but dangerous.” She warned it could set a precedent allowing troops to be dispatched over “merely inconvenient” protests and urged the full court to intervene before the ruling takes effect.
Oregon’s attorney general, Dan Rayfield, echoed that concern, saying the decision opens a “dangerous path” by giving the president near-unchecked power to place troops on state streets.
The White House, however, welcomed the outcome, arguing that Trump acted within his rights to safeguard federal buildings and personnel.
The legal fight stems from Trump’s September order sending 200 National Guard troops to Portland amid scattered protests against immigration policies. Local and state officials sued, claiming the move violated federal law and state sovereignty under the 10th Amendment.
Police data submitted in the case suggested demonstrations had been largely peaceful in recent months — more symbolic than violent — with protesters reportedly wearing “chicken suits” and “inflatable frog costumes” rather than engaging in unrest.
Earlier this month, a district court had blocked Trump’s attempt to federalize Oregon’s National Guard and then rejected his effort to circumvent that ruling by drawing troops from other states. The judge found no credible evidence of rebellion or a breakdown of law enforcement in Portland.
Despite multiple district court rulings against him, Trump has continued to press his case to higher courts — and has now asked the U.S. Supreme Court to weigh in, as similar challenges arise in Chicago and other Democratic-led cities.
For now, the 9th Circuit’s decision stands — a narrow but significant win that underscores the widening clash between federal authority and state autonomy in America’s political landscape.
