We have a development in the Oregon National Guard case Wednesday afternoon: The 9th Circuit Court of Appeals has issued an administrative (temporary) stay of Oregon District Court Judge Karin Immergut's initial temporary restraining order (TRO) in the case.
Immergut issued the first TRO on Saturday, prohibiting the Trump administration from implementing a September 28 Memorandum issued by Secretary of War Pete Hegseth, which authorized the federalization and deployment of 200 Oregon National Guard service members. The administration immediately appealed the order to the 9th Circuit, seeking both an administrative stay and a stay pending appeal, and then atttempted an end-run around the order by deploying California National Guard members to Oregon instead.
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Plaintiffs — the City of Portland and State of Oregon — then sought leave to amend their complaint and sought a second TRO, which Immergut then granted on Sunday evening after a brief hearing. That second order prohibited the deployment of any federalized members of the National Guard (i.e., from any state) in Oregon. The administration has not yet appealed that second TRO.
The 9th Circuit has set oral argument on the administration's motion for a stay pending appeal for Thursday morning. In the meantime, they've now granted the administration's motion for an administrative (temporary) stay, with a brief, four-page order, explaining:
In the circumstances here, granting an administrative stay will best preserve the status quo. Prior to the October 4 temporary restraining order, Oregon National Guard members had been federalized but not deployed. The Memorandum authorized federalization of the Oregon National Guard members. An administrative stay of the October 4 temporary restraining order will maintain the federalization of Oregon National Guard members, because that order prohibits implementation of the Memorandum. Additionally, the second temporary restraining order has not been challenged or appealed, and it prohibits the deployment of National Guard members in Oregon. Thus, the effect of granting an administrative stay preserves the status quo in which National Guard members have been federalized but not deployed.
ALSO SEE: New: Oregon Judge Issues Second TRO on Trump's National Guard Deployment
In sum, this is a quasi-win for the administration — they received the administrative stay they requested. But it does leave federalized National Guard in limbo — at this point, they may not be deployed in Oregon.
It's unclear how soon after tomorrow's oral argument the 9th Circuit will rule on the motion for stay pending appeal, but given their prior ruling in the California case, something tells me it will be on the sooner side.
We'll continue to follow the case and report on any additional developments.
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