Trump’s troop deployments to Portland and D.C. tested in court
In Portland: A federal judge, Karin Immergut (appointed by Trump) has issued temporary restraining orders blocking the federal government from deploying National Guard troops to Portland (and from bringing in troops from other states) while a trial is scheduled to determine whether a more permanent injunction is appropriate.
KATU
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The Guardian
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AP News
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In Washington, D.C.: The city (via its attorney general) is suing the federal government over deployment of about 2,000+ Guard troops in the District, arguing it amounts to a “military occupation” or at least an improper use of military forces. A hearing took place before Judge Jia Cobb.
WTOP News
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In Portland the federal government has already appealed to the United States Court of Appeals for the Ninth Circuit, which in one ruling found that the President likely does have the authority to federalize the Guard under one statute (10 U.S.C. § 12406(3)) — but that ruling did not yet resolve all issues
Presidential/ federal authority: The administration argues that under federal statutes (for example the ability to federalize the National Guard when “the President determines that units of the National Guard of a State are necessary to execute the laws of the United States” under 10 U.S.C. § 12406(3)) the President has authority to call in Guard troops, even where the state objects.
New York Post
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State sovereignty / Tenth Amendment: Opponents (states, cities) argue that sending federally-controlled troops into a state (or city) over the state’s or city’s objection infringes on state/ local sovereignty and violates the Tenth Amendment (which reserves to the states powers not delegated to the federal government).
The Washington Post
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Posse Comitatus / military in law enforcement: There’s also concern about the use of military or guard forces in domestic law-enforcement roles. The Posse Comitatus Act limits the federal military’s role in civilian law enforcement unless explicitly authorized. Critics argue that deploying the Guard to patrol cities, assist with policing, or act as a quasi-police force risks violating both that act and democratic norms.
