BREAKING: On Friday afternoon, the Ninth Circuit Court of Appeals, which is considering an en banc review of the Oct. 20 ruling, paused any troop deployment until 5 p.m. on Oct. 28.
They say this is to give the appellate court time to consider.
PORTLAND Ore. (KPTV) – A federal judge said she needs a few more days before ruling on whether to remove the last barrier to the deployment of National Guard troops to Portland after a hearing on Friday.
Judge Karin Immergut will rule by Monday on whether to allow National Guard troops to deploy to Portland. The decision comes as the underlying trial on the issue is set to start Wednesday, leaving questions about an exact timeline.
After an hour and a half hearing held by teleconference, major legal questions have yet to be fully answered.
The Ninth Circuit Court of Appeals ruled on Oct. 20 that the lower court had gotten it wrong by issuing a temporary restraining order barring the deployment of federalized Oregon National Guard soldiers to Portland.
Judge Immergut is considering a request from the federal government to throw out a second temporary restraining order blocking the president from deploying any National Guard troops to Portland.
A lawyer for the Trump administration expressed frustration with the speed of the court’s response to the appellate court decision.
“I thought we would get this order on Monday,” the lawyer said. “We aren’t trying to relitigate anything. We already won this in the Ninth Circuit, at least for now.”
That “at least for now” was at the heart of the argument from the State of Oregon and City of Portland.
Attorney Scott Kennedy argued there was “a high likelihood of an imminent en banc rehearing,” referring to the process underway to potentially reconsider the appellate court’s decision.
He cautioned against swift action to avoid a seesaw effect of deployment and then recalling troops. He called the current situation “a very fragile and very critical status quo” that should not be disturbed, especially just days before the trial is set to begin.
Meanwhile, arguments have been submitted for a hearing that could overturn the appeals court decision. All 29 members of the Ninth District Court will vote on whether to hold that hearing.
If the hearing is approved, a panel of 11 judges would then decide the legality of the deployment order. But no matter the decision in the first case, troops can’t be deployed until the second restraining order is lifted.
Judge Immergut, appointed by Trump in his first administration, asked several questions about whether she could allow for the limited deployment of 200 Oregon National Guard soldiers to Portland.
The lawyer for the president said that would be acceptable.
“The Oregon people are ready to deploy,” he said. “They are ready to go as soon as the court addresses the second TRO.”
The underlying trial is still set to proceed, starting next week on Wednesday. Regardless of what happens with the temporary restraining orders, both sides said they see no reason why they won’t be able to stick with that date.
Oregon Attorney General Dan Rayfield issued a statement following the hearing, saying:
“The court is taking the time it needs to weigh this unprecedented issue. The stakes are high — for the Constitution, for Oregon’s sovereignty, and for the safety of our communities.
“Regardless of how the court rules, this fight is not over. Next week we will move to trial on the merits, where we will put on evidence proving that this deployment is unnecessary and unlawful.
“We’re grateful the court is giving thoughtful consideration to the facts and to the new information that’s come to light. In the meantime, I urge Oregonians to keep Portland safe and peaceful — and to continue showing the world who we are.”
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