Ninth Circuit Allows Trump to Deploy Troops in Portland: Legal Breakdown

Ninth Circuit Ruling on National Guard Deployment

• 📌 A panel at the Ninth Circuit Court of Appeals has stayed a temporary restraining order that previously prohibited Donald Trump from federalizing the Oregon National Guard and deploying them to Portland.
• ⚡ This ruling means Donald Trump can now proceed with federalizing the Oregon State National Guard and sending them onto the streets of Portland.
• ⚖️ The three-judge panel consisted of two Trump appointees who ruled in favor of Trump, and one Bill Clinton appointee who issued a dissenting opinion.

Dissenting Opinion and Legal Basis

• 💬 The dissenting judge described the appeals court's ruling as "absurd," given the factual findings of the trial court judge that Portland was not under siege by domestic terrorists or war-ravaged.
• ⚠️ The legal basis for a president to federalize the National Guard typically requires a rebellion, insurrection, or the federal government's inability to enforce laws with regular forces.
• 🚫 The transcript argues that none of these conditions were met in Portland, as there was no rebellion or insurrection, and local law enforcement was capable of maintaining order.

Presumption of Regularity and Presidential Power

• 🧠 The two Trump-appointed judges reportedly relied on the "presumption of regularity" and a doctrine of giving "healthy deference" to the president on quasi-military matters.
• 👑 This approach is criticized for potentially granting unchecked power to the president, especially given Donald Trump's past statements and actions, such as posting an image of himself as "King Trump."
• 🇺🇸 The speaker expresses concern that blindly deferring to the president in such matters could lead to a loss of democracy.

Potential for Supreme Court Review

• 📈 The ruling creates a circuit split, as the Seventh Circuit had previously ruled against Trump on a similar issue.
• 🏛️ This split provides a basis for the case to be appealed to the Supreme Court, which often takes cases to reconcile differing circuit court decisions.
• 😟 There is a fear that the Supreme Court may continue to expand presidential power, potentially granting Trump absolute authority over military forces and rendering him a de facto dictator.

Next Steps and Call to Action

• 📢 The state of Oregon is expected to request an en banc review from the full 29-judge bench at the Ninth Circuit.
• 🤝 Viewers are encouraged to subscribe to the channels to follow along with this developing legal news and support independent media.