As a result of the court's decision, US President Donald Trump may take part of the Oregon National Guard troops under federal control and send them to protect the ICE building in Portland, where small groups of activists have been demonstrating since June. The decision was made by the votes of two judges (both were appointed by Trump) with a dissenting opinion from a judge nominated by Bill Clinton.
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What decisions did the appeals court make regarding the National Guard?
Why does President Trump want to send the military to Portland?
What did the court say about local police and ICE?
What were the previous court decisions in this case?
In its justification, the court emphasized that Federal law allows for the federalization of Guard troops by the president, among others. when the state is unable to enforce the law with regular forces. According to him, this condition was met because due to the local police's refusal to support ICE, the service had to bring in additional people to protect its building. The court noted that although the demonstrations are mainly peaceful, there have been numerous clashes, attempts to block the gate of the ICE center, attacks on officers and attempts to intimidate them.
Previously, courts blocked Trump's move
Monday's verdict invalidates the decision of the district court, which blocked federalization of the Oregon National Guard — as well as California and Texas — pending a full review of the case. Appointed by Trump Judge Karin Immergut then stated that Trump's description of Portland as a “city on fire” and “war-ravaged” was not consistent with reality, and the use of troops is contrary to the tradition that underlies the state.
“This country has a long and established tradition of resistance to abuses of power, especially in the form of military interference in civil matters,” the judge wrote in the decision. “This historical tradition boils down to a simple thesis: it is a country of constitutional law, not martial law.”
Monday's ruling is here the second case is when Trump's order to send troops to cities where violent demonstrations are taking place is blocked by a court and later reinstated by an appeals court. The first case involved sending the National Guard to Los Angeles, and the decision to authorize the deployment was made by the same Portland appellate court.
