9th Circuit ruling seen as victory for Trump’s federalization push – experts warn it could be short-lived

Judges on the U.S. Court of Appeals for the Ninth Circuit cleared the way for the president on Monday. Donald Trump to deploy hundreds of National Guard troops to Portland, delivering a major victory to the president in his ongoing fight for federalization — but one that might not have much resistance.

The case itself comes amid rapidly evolving similar legal battles unfolding across the country, including a challenge that has already been appealed to the Supreme Court.

At issue in Oregon is a 9th Circuit ruling that upheld Trump’s authority to deploy 200 Oregon National Guard troops to Portland, over the objections of local and state leaders.

The 9th Circuit Court of Appeals ruled 2-1 Monday in favor of lifting a lower court order blocking Trump from federalizing the National Guard, finding that he likely had the authority as president to order the deployments, even if reports of violence among protesters were exaggerated.

9TH CIRCUIT COURT RULES ON TRUMP’S NATIONAL GUARD DEPLOYMENT TO PORTLAND

Federal agents, including Department of Homeland Security, Border Patrol and police officers, attempt to detain protesters outside a downtown U.S. Immigration and Customs Enforcement (ICE) facility, October 6, 2025, in Portland, Oregon. (Spencer Platt/Getty Images)

However, the appeals court’s decision has limited practical implications, at least for now.

Writing for the 9th Circuit majority, Judges Ryan Nelson and Bridget Bade emphasized Monday that they could not evaluate a second emergency order issued by the lower court judge late last week, after Trump attempted to deploy federalized California National Guard troops to the city of Portland.

U.S. District Judge Karin Immergut’s second order clarifies that Trump cannot deploy federalized troops to Portland.

The past 48 hours have seen a flurry of action from attorneys at the Justice Department and the states of Oregon and California, with the Trump administration asking Immergut to dissolve its second temporary restraining order in light of the appeals court ruling.

Meanwhile, attorneys for Oregon and California urged the judge to keep the second emergency order in effect until the 9th Circuit can vote on their request to evaluate the case en banc, or with the full appeals court.

“UNATTACHED TO REALITY”: LAWYERS FOR TRUMP, OREGON AND SPAR ON NATIONAL GUARD DEPLOYMENT DURING COURT CLASH

The United States Capitol is seen as members of the National Guard patrol the National Mall in Washington, DC, September 8, 2025. (Brendan Smialowski/AFP via Getty Images)

While Trump, during his first term as president, appointed 10 judges to the 9th Circuit Court of Appeals, the bench still retains a slight majority of Democratic-appointed judges, by a margin of 16-13.

“The fight is not over,” Oregon Governor Tina Kotek promised reporters Monday. “Until the district court rules on the second TRO, members of the Oregon National Guard or any other state will not be able to deploy,” she added.

Both sides should have more clarity soon.

As of this writing, the lower court judge ordered attorneys for the state of Oregon and the Department of Justice to appear Friday morning for a status hearing to evaluate the Trump administration’s request to dissolve or suspend the second emergency order.

Both sides were also ordered to appear at Friday’s hearing prepared to discuss the pending en banc vote before the 9th Circuit, which will hold a vote on whether to review the case.

FEDERAL JUDGE BLOCKS TRUMP’S NATIONAL GUARD DEPLOYMENT TO PORTLAND AMID CONSTITUTIONAL CHALLENGE

National Guard troops were stationed at Union Station in Washington, DC on August 20. (Fox News Digital/Emma Woodhead)

In order to review the case, 15 of the 29 judges on the 9th Circuit must agree to take it up, and further action is expected before Friday.

Otherwise, relief could take the form of an action before the Supreme Court. The Trump administration has appealed to the high court a lower court injunction that blocked the deployment of National Guard troops to Chicago.

Meanwhile, legal challenges continue to play out in the handful of other Democratic-led cities where Trump launched his federalization effort. A federal judge in Washington will hold a hearing Friday to assess the status of Trump’s deployment of some 2,500 National Guard troops to the nation’s capital, after the city’s attorney general suggested in a court filing that the effort could extend into the summer of 2026.

The Trump administration also refiled its motion to stay the district court injunction centered on the Chicago deployments before the 7th Circuit of Appeals, citing their victory in the 9th Circuit.

Trump has sought to deploy hundreds of National Guard troops to Democratic-led cities despite stated opposition from local and state leaders. Senior administration officials have argued that the deployment is a necessary step to quell what they see as a surge in violent crime and to protect against threats from protesters, including anti-ICE demonstrations in many city centers.

CLICK HERE TO GET THE FOX NEWS APP

Democrats have countered that Trump’s descriptions are hyperbolic and inaccurate, and merely a legal pretext for Trump to try to “federalize” Democratic-run cities. They used news conferences to highlight the decline in violent crime and argued in court that efforts to deploy federal troops exceeded Trump’s authority as commander in chief.