Oregon leaders say the fight isn’t over after a federal appeals court ruled that President Donald Trump likely had the authority to take control of the Oregon National Guard during the social unrest that shook Portland in 2020.
The protests that erupted after the murder of George Floyd began peacefully before clashes with federal officers filled downtown streets with tear gas and flash-bangs. Local leaders accused the White House of inflaming tensions when it moved to federalize the Guard without the governor’s consent.
A federal appeals court on Monday cleared Trump to for now send Oregon National Guard troops to Portland, lifting a previous lower court ruling. The Ninth Circuit Court of Appeals has ruled that Trump likely acted within his authority when he ordered 200 Guard members into federal service for 60 days to protect U.S. Immigration and Customs Enforcement (ICE) workers and property at the Lindquist Federal Building.
The Department of Justice appealed the previous decision and received a 2-1 ruling in their favor.
A federal district court later blocked the move and barred any troop deployment into Oregon. The Ninth Circuit Court of Appeals has now reversed part of that ruling, finding that the president likely has the power to federalize a state’s Guard under federal law. Another order still prevents deployment for now.
City and state officials say the decision may settle a legal question but not the tension left behind.
“The court may have ruled on the legality, but it can’t ignore the impact that deployment had on our community,” a Portland city spokesperson told Military.com. “Portland needed de-escalation, not confrontation.”
Sen. Jeff Merkley (D-OR) said the decision undermines state authority and risks turning federal power against local communities.
“This ruling is deeply troubling,” Merkley said in a statement. “It opens the door for any president to seize control of a state’s National Guard for political purposes. Oregonians remember what happened when federal forces flooded Portland’s streets. No community should have to relive that.”
White House, DHS Support Ruling
White House spokesperson Abigail Jackson said the court reaffirmed that Trump was acting lawfully to protect federal facilities.
“As we have always maintained, President Trump is exercising his lawful authority to protect federal assets and personnel following violent riots that local leaders have refused to address," Jackson said. "This ruling reaffirms that the lower court’s ruling was unlawful and incorrect.”
A Department of Homeland Security official added that the ruling validates the work of federal officers who protected courthouses and government property, saying DHS remains committed to safeguarding federal employees and facilities wherever threats arise.
The ruling could set the stage for a Supreme Court challenge over who controls a state’s Guard in times of unrest. Oregon officials have not said whether they will appeal.
