🚨2-1 panel of the 9th Circuit (2 Trump vs 1 Clinton appointee) permits Trump to deploy the National Guard in Portland.

[In It to Win It]

🚨2-1 panel of the 9th Circuit (2 Trump vs 1 Clinton appointee) permits Trump to deploy the National Guard in Portland.

The majority opinion finds that Trump properly considered the situation from June through September, and declares the ICE protests disruptive enough to call out the Guard.

🚨2-1 panel of the 9th Circuit (2 Trump vs 1 Clinton appointee) permits Trump to deploy the National Guard in Portland.

The majority opinion finds that Trump properly considered the situation from June through September, and declares the ICE protests disruptive enough to call out the Guard.

— Aaron Reichlin-Melnick (@reichlinmelnick.bsky.social) 2025-10-20T19:21:04.256Z

There are three major points of disagreement between the majority opinion (which is Per Curiam) and Judge Immergut + today's dissent by Judge Graber.

1. What period of protests was relevant to the determination
2. How to characterize the protests
3. What it means to be "unable" to execute the laws

— Aaron Reichlin-Melnick (@reichlinmelnick.bsky.social) 2025-10-20T19:27:17.594Z

Judge Immergut said that when the President federalized the Guard on 9/28, his order must have been linked to conditions on the ground around that time — largely in September, after protests died down.

The majority says there is no time limit; Trump could consider the protests across all of 2025.

— Aaron Reichlin-Melnick (@reichlinmelnick.bsky.social) 2025-10-20T19:31:11.546Z

Next, the majority found that Judge Immergut shouldn't have relied on Trump's wild claims on Truth Social that Portland was "war ravaged" to rule against him.

They say "even if the President may exaggerate ... on social media," that's irrelevant if other facts justify deployment.

— Aaron Reichlin-Melnick (@reichlinmelnick.bsky.social) 2025-10-20T19:35:47.278Z

[SSJVegeta]

1. The General in charge has made clear he will order the national guard to protect protesters.

Not ICE.

This could be... interesting.

Correction: he said he expects their role to be to protect the protesters. Much more general than I thought it was.

[2naSalit]

3. Indeed.

[Efilroft Sul]

2. "The majority says there is no time limit" -- what a garbage ruling.

Nobody is going to convince me that this administration isn't going to take those words and run with them.

"Well, they burned down Watts in the 60s, so we're deploying the National Guard to LA in perpetuity and other cities that historically have been known for riots."

[LetMyPeopleVote]

4. There may be an en banc rehearing of this ruling

First, a Ninth Circuit judge has sua sponte — on their own — already called for a vote on whether there should be an en banc rehearing

Link to tweet

Next, the full Ninth Circuit has called for rehearing briefing by 11:59 PM on Wednesday on whether President Trump may deploy the National Guard

Link to tweet

Normally this type of motion takes far more time

[dalton99a]

5. Trump whores in black robes don't disappoint