When last we left the Oregon National Guard lawsuit saga, U.S. District Court Judge Karin Immergut had entered a preliminary injunction following a three-day trial. In that preliminary order, Immergut enjoined Secretary of War Pete Hegseth from federalizing or deploying National Guard members from Oregon (or elsewhere) to Oregon and indicated she'd issue her final judgment by Friday. Which she did:
President Trump overstepped his authority when he sought to deploy National Guard troops to Portland, Ore., to protect the Immigration and Customs Enforcement office there, a federal judge ruled on Friday, issuing a permanent block on troop deployments to the city in response to anti-ICE demonstrations.
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In her final 106-page ruling, Judge Immergut rejected arguments from government lawyers that protests at the ICE building made it impossible for federal officers to carry out immigration enforcement, represented a rebellion or raised the threat of rebellion. She also found that the attempt to use National Guard soldiers in Oregon had violated the U.S. Constitution’s 10th Amendment, which gives states any powers not expressly assigned to the federal government.
“The evidence demonstrates that these deployments, which were objected to by Oregon’s governor and not requested by the federal officials in charge of protection of the ICE building, exceeded the president’s authority,” she wrote.
READ MORE: After 3-Day Trial, Oregon Judge Keeps National Guard on Ice While She Drafts Final Ruling
9th Circuit Hands Trump Administration a Big Win in the Oregon National Guard Case
Following the ruling, Assistant Secretary of Homeland Security Tricia McLaughlin issued the following statement:
“President Trump is using his lawful authority to direct the National Guard to protect federal assets and personnel in Portland following months of violent riots where officers have been assaulted and doxxed by left-wing rioters. The president’s lawful actions will make Portland safer.”
The administration will almost certainly appeal the judgment, but it now has a tougher hill to climb. As indicated in our prior reporting (regarding the preliminary injunction):
Now, with the benefit of the initial 9th Circuit panel opinions on this case (and its earlier decision in Newsom v. Trump regarding the deployment in Los Angeles), we can expect Immergut to do her level best to thread the needle so as to avoid a determination by the appellate court that her factual findings and conclusions of law are clearly erroneous — don't hold your breath on that.
Meanwhile, the Supreme Court has asked for additional briefing from the parties on the Illinois National Guard case before it, so it's going to be a while before the high court weighs in on the matter. And in the meantime, National Guard deployment in Oregon will remain on ice.
You may read Immergut's full findings of fact and conclusions of law here.
RedState will continue to follow the story and provide updates as warranted.
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