Every time Donald Trump wants to send National Guard troops into another Democrat-led city where the governor is refusing to go along, he seems to be blocked by the courts.
When Trump tried to send troops into Portland due to anti-ICE riots, he met precisely that fate.
Trump had the right mix of judges on the relevant appellate court this time around, however, and he just walked out of court with the win.
Portland, Oregon, is the home to ANTIFA, and while protests have been taking place there on an almost daily basis, local officials say that things are not nearly at the dangerous level that Trump says they are.
Regardless, Trump sought to send in National Guard troops to help protect federal officers in the city.
Trump stated, "I am directing Secretary of War, Pete Hegseth, to provide all necessary Troops to protect War ravaged Portland, and any of our ICE Facilities under siege from attack by Antifa, and other domestic terrorists. I am also authorizing Full Force, if necessary."
I have watched videos of the Portland protests, and they are not nearly as severe as Trump has suggested, but federal officers are clearly at risk. To that point, I support having them defended. I just think that a larger federal force would be better than suggesting you are authorizing the “full force” of the military to be used against American citizens.
The case was initially lost by Trump, with California Gov. Gavin Newsom among those celebrating the outcome.
He stated, “The rule of law has prevailed -- and California’s National Guard will soon be heading home. This ruling is more than a legal victory, it’s a victory for American democracy itself. Donald Trump tried to turn our soldiers into instruments of his political will. While our fight continues, tonight the rule of law said ‘hell no’.”
California Attorney General Rob Bonta, added, “This disrespect for the rule of law cannot stand -- and I’m glad the court agreed."
He continued, "The President’s move to deploy the National Guard of one state over the objections of a Governor to another state over the objections of a second is well outside of the norms or practices of any President in recent history.”
Trump appealed the ruling to the 9th Circuit Court, and he wound up drawing two judges he appointed to the bench himself, so we know how things went, and Democrats were not happy about it.
The majority opinion stated, “After considering the record at this preliminary stage, we conclude that it is likely that the President lawfully exercised his statutory authority under 10 U.S.C. § 12406(3), which authorizes the federalization of the National Guard when ‘the President is unable with the regular forces to execute the laws of the United States.'”
Democrats are up in arms over the decision, but I highly doubt this will be the end of the fight.
Trump was engaged in a similar battle in Illinois, one that he lost, eventually asking the Supreme Court to review the case and provide a final decision. Thus far, the court has given Trump a rather long leash, much longer than I suspected, but we will have to see whether Trump ultimately prevails once the high court decides the Illinois case, as that will likely set the standard for all future lawsuits regarding this particular use of the National Guard.
