9th Circuit Rules for Trump, Allows National Guard to Deploy to Portland

Members of the National Guard stay back as police officers and federal law enforcement agents investigate the scene of a shooting in southeast Washington, DC on October 2, 2025. (Photo by Brendan SMIALOWSKI / AFP) (P... Members of the National Guard stay back as police officers and federal law enforcement agents investigate the scene of a shooting in southeast Washington, DC on October 2, 2025. (Photo by Brendan SMIALOWSKI / AFP) (Photo by BRENDAN SMIALOWSKI/AFP via Getty Images) MORE LESS

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A 9th Circuit Court of Appeals panel ruled for the Trump administration Monday, allowing the Oregon National Guard to deploy to Portland while the case continues.

“But today’s decision is not merely absurd. It erodes core constitutional principles, including sovereign States’ control over their States’ militias and the people’s First Amendment rights to assemble and to object to the government’s policies and actions,” she wrote.

This is a breaking news story and will be updated.

Read the ruling here:

Citing Portland protesters’ penchant for wearing inflatable frog costumes (or “nothing at all”), she wrote that the majority’s finding of violence and chaos in Portland could be taken as “absurd.” 

“But today’s decision is not merely absurd. It erodes core constitutional principles, including sovereign States’ control over their States’ militias and the people’s First Amendment rights to assemble and to object to the government’s policies and actions,” she wrote.

This is a breaking news story and will be updated.

Read the ruling here:

“I urge my colleagues on this court to act swiftly to vacate the majority’s order before the
illegal deployment of troops under false pretenses can occur,” she wrote. “Above all, I ask those who are watching this case unfold to retain faith in our judicial system for just a little longer.”

Citing Portland protesters’ penchant for wearing inflatable frog costumes (or “nothing at all”), she wrote that the majority’s finding of violence and chaos in Portland could be taken as “absurd.” 

“But today’s decision is not merely absurd. It erodes core constitutional principles, including sovereign States’ control over their States’ militias and the people’s First Amendment rights to assemble and to object to the government’s policies and actions,” she wrote.

This is a breaking news story and will be updated.

Read the ruling here:

Judge Susan Graber, a Clinton appointee, asked her colleagues on the 9th Circuit to vacate the majority opinion in a scorching dissent.

“I urge my colleagues on this court to act swiftly to vacate the majority’s order before the
illegal deployment of troops under false pretenses can occur,” she wrote. “Above all, I ask those who are watching this case unfold to retain faith in our judicial system for just a little longer.”

Citing Portland protesters’ penchant for wearing inflatable frog costumes (or “nothing at all”), she wrote that the majority’s finding of violence and chaos in Portland could be taken as “absurd.” 

“But today’s decision is not merely absurd. It erodes core constitutional principles, including sovereign States’ control over their States’ militias and the people’s First Amendment rights to assemble and to object to the government’s policies and actions,” she wrote.

This is a breaking news story and will be updated.

Read the ruling here:

In a footnote, the majority (who did not sign the opinion), acknowledged the recent ruling from the 7th Circuit Court of Appeals that blocked President Trump’s attempted deployment of the Guard to Chicago. The 9th Circuit judges argued that conditions are worse in Portland (where the district court found that protests have been fairly small and uneventful after a climax earlier in the summer) and “distinguishable” from those in Chicago.

Judge Susan Graber, a Clinton appointee, asked her colleagues on the 9th Circuit to vacate the majority opinion in a scorching dissent.

“I urge my colleagues on this court to act swiftly to vacate the majority’s order before the
illegal deployment of troops under false pretenses can occur,” she wrote. “Above all, I ask those who are watching this case unfold to retain faith in our judicial system for just a little longer.”

Citing Portland protesters’ penchant for wearing inflatable frog costumes (or “nothing at all”), she wrote that the majority’s finding of violence and chaos in Portland could be taken as “absurd.” 

“But today’s decision is not merely absurd. It erodes core constitutional principles, including sovereign States’ control over their States’ militias and the people’s First Amendment rights to assemble and to object to the government’s policies and actions,” she wrote.

This is a breaking news story and will be updated.

Read the ruling here:

It was a 2-1 split, with the two Trump appointees overturning the district court’s conclusion that the conditions on the ground did not fulfill the statutory requirements to deploy the Guard.

In a footnote, the majority (who did not sign the opinion), acknowledged the recent ruling from the 7th Circuit Court of Appeals that blocked President Trump’s attempted deployment of the Guard to Chicago. The 9th Circuit judges argued that conditions are worse in Portland (where the district court found that protests have been fairly small and uneventful after a climax earlier in the summer) and “distinguishable” from those in Chicago.

Judge Susan Graber, a Clinton appointee, asked her colleagues on the 9th Circuit to vacate the majority opinion in a scorching dissent.

“I urge my colleagues on this court to act swiftly to vacate the majority’s order before the
illegal deployment of troops under false pretenses can occur,” she wrote. “Above all, I ask those who are watching this case unfold to retain faith in our judicial system for just a little longer.”

Citing Portland protesters’ penchant for wearing inflatable frog costumes (or “nothing at all”), she wrote that the majority’s finding of violence and chaos in Portland could be taken as “absurd.” 

“But today’s decision is not merely absurd. It erodes core constitutional principles, including sovereign States’ control over their States’ militias and the people’s First Amendment rights to assemble and to object to the government’s policies and actions,” she wrote.

This is a breaking news story and will be updated.

Read the ruling here:

It was a 2-1 split, with the two Trump appointees overturning the district court’s conclusion that the conditions on the ground did not fulfill the statutory requirements to deploy the Guard.

In a footnote, the majority (who did not sign the opinion), acknowledged the recent ruling from the 7th Circuit Court of Appeals that blocked President Trump’s attempted deployment of the Guard to Chicago. The 9th Circuit judges argued that conditions are worse in Portland (where the district court found that protests have been fairly small and uneventful after a climax earlier in the summer) and “distinguishable” from those in Chicago.

Judge Susan Graber, a Clinton appointee, asked her colleagues on the 9th Circuit to vacate the majority opinion in a scorching dissent.

“I urge my colleagues on this court to act swiftly to vacate the majority’s order before the
illegal deployment of troops under false pretenses can occur,” she wrote. “Above all, I ask those who are watching this case unfold to retain faith in our judicial system for just a little longer.”

Citing Portland protesters’ penchant for wearing inflatable frog costumes (or “nothing at all”), she wrote that the majority’s finding of violence and chaos in Portland could be taken as “absurd.” 

“But today’s decision is not merely absurd. It erodes core constitutional principles, including sovereign States’ control over their States’ militias and the people’s First Amendment rights to assemble and to object to the government’s policies and actions,” she wrote.

This is a breaking news story and will be updated.

Read the ruling here: