To the editor : Federal appellate courts cannot reweigh evidence, much less imagine evidence that doesn’t exist. As the dissenting opinion points out , the uncontroverted evidence established absence of any threat to the laws or government of the United States in Portland sufficient to justify the deployment of federal troops ( “Trump has power to command National Guard troops in Oregon, 9th Circuit rules,” Oct. 20).

The Portland decision repeats tragedies that result from legal decisions made contrary to evidence: Dred Scott vs. Sanford , which upheld slavery; Plessy vs. Ferguson , holding that the 14th Amendment does not forbid race discrimination in public accommodations and transportation; and Korematsu vs. United States , upholding the expulsion and incarcera

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