"The 9th Circuit Court of Appeals handed command of Oregon National Guard troops to the president Monday, further raising the stakes in the ongoing multifront judicial battle over military deployments to cities across the U.S. A three-judge appellate panel - including two members appointed by Trump during his first term - found that the law "does not limit the facts and circumstances that the President may consider" when deciding whether to dispatch soldiers domestically."
"U.S. District Judge Karin Immergut of Portland previously called the president's justification for federalizing Oregon troops "simply untethered to the facts" in her Oct. 4 temporary restraining order. The appellate judges said they were guided by a precedent set in the 9th Circuit this summer, when California tried and failed to wrest back control of federalized soldiers in and around Los Angeles. Another proceeding in California's case is scheduled before the appellate court this week and the court's earlier decision could be reversed."
A three-judge panel of the 9th Circuit Court of Appeals transferred command of Oregon National Guard troops to the president, ruling that the law does not restrict the facts and circumstances the president may consider when ordering domestic deployments. The panel held that the president has authority to identify and weigh relevant facts. A prior district court had issued a temporary restraining order, describing the federalization justification as untethered to the facts. The appellate ruling cited a related 9th Circuit precedent involving California. Ongoing district court, appellate, and potential Supreme Court actions will determine specific troop deployments.
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