PORTLAND, Ore. — A months-long legal battle between Oregon Governor Tina Kotek and the Trump administration over federal authority and state sovereignty reached a pivotal moment Monday, as the 9th Circuit Court of Appeals allowed the White House to move forward with plans to deploy National Guard troops to Portland.
A divided three-judge panel lifted an earlier restraining order issued by U.S. District Judge Karin Immergut, who had temporarily blocked the Trump administration’s attempt to federalize 400 Guard members—200 from Oregon stationed at Camp Rilea and 200 from California at Camp Withycombe.
The Justice Department argues that the deployment is necessary to protect federal immigration personnel and property in Portland, particularly near the Immigration and Customs Enforcement facility that has seen waves of protests since early October.
Governor Kotek has fiercely opposed the move, calling it an unconstitutional abuse of presidential power and urging military officials to stand down. In a letter to U.S. Northern Command General Gregory Guillot, she requested immediate demobilization of the troops awaiting orders.
“There is no insurrection in Portland. No threat to national security. The only threat we face is to our democracy—and that threat is being led by President Trump,” Kotek said in a statement posted to social media.
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The governor also met this week with Homeland Security Secretary Kristi Noem, who visited the ICE facility that the administration claims requires federal protection.
The case, being argued before the 9th Circuit in San Francisco, centers on whether the federal government can activate state National Guard units without the governor’s consent. Trump’s legal team has cited statutory powers under Title 10 of the U.S. Code and the Insurrection Act, claiming that unrest near federal property qualifies as a disruption of federal law enforcement. Oregon’s attorneys counter that such conditions do not exist and that deploying troops in this context violates the Posse Comitatus Act, which restricts the use of military forces for domestic policing.
The appellate hearing is scheduled for 9 a.m. Thursday, when judges will decide whether to uphold Judge Immergut’s restraining order or permit the administration’s deployment to proceed.
The dispute has sparked national debate over the limits of presidential power and the role of state governments in maintaining public order. Texas Governor Greg Abbott has offered to send troops from his own state to assist in Portland, underscoring the political divide surrounding Trump’s latest move.
During a press conference with Canadian Prime Minister Mark Carney, Trump defended his position:
“It’s been invoked before, you know. If you look at Chicago, Chicago is a great city where there’s a lot of crime, and if the governor can’t do the job, we’ll do the job. It’s all very simple.”
For now, the 9th Circuit’s decision allows the Trump administration to mobilize Guard members while the case continues. Legal experts expect further appeals and possibly an emergency petition to the Supreme Court in the days ahead.
Oregon’s governor, meanwhile, continues to call for calm and insists the state can handle its own affairs.
“This is about who decides what happens on Oregon soil—our elected leaders or Washington, D.C.,” Kotek said.
The 9th Circuit’s final ruling could set a precedent for future conflicts between state authority and federal intervention, a constitutional tug-of-war with deep implications for how America balances power in moments of civil unrest.
