A federal appeals court on Monday afternoon overturned a lower court’s order that had blocked the Trump administration from deploying the military in Portland.
Two judges on the three-judge panel of the Ninth Circuit Court of Appeals determined that President Donald Trump could federalize Oregon National Guard members under a U.S. law which allows such an action when “the President is unable with the regular forces to execute the laws of the United States.”
Evaluating whether such conditions are met is “inherently subjective,” the majority wrote, but they argued that U.S. District Judge Karin Immergut had erred in failing to defer sufficiently to the president’s assessment of the situation on the ground in Portland.
“Rather than reviewing the President’s determination with great deferen