New: 9th Circuit Presses Pause on TRO Issued by Oregon Judge Re: National Guard – RedState
We have a development in the Oregon National Guard case Wednesday afternoon: The 9th Circuit Court of Appeals issued an administrative (temporary) stay of Oregon District Court Judge Karin Immergut’s original temporary restraining order (TRO) in the case.
Immergut issued the first TRO on Saturday, prohibiting the Trump administration from implementing a September 28 memorandum issued by Secretary of War Pete Hegseth, which authorized the federalization and deployment of 200 members of the Oregon National Guard. The administration immediately appealed the order to the 9th Circuit, seeking both an administrative stay and a stay pending appeal, and then attempted to circumvent the order by deploying members of the California National Guard to Oregon instead.
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The plaintiffs – the City of Portland and the State of Oregon – then requested permission to amend their complaint and requested a second TRO, which Immergut then granted Sunday evening after a brief hearing. This second order prohibited the deployment of any federalized members of the National Guard (i.e. from any state) in Oregon. The administration has not yet appealed this second TRO.
The 9th Circuit set oral arguments on the administration’s motion seeking a stay pending appeal for Thursday morning. In the meantime, they have now granted the administration’s request for a (temporary) administrative stay, with a brief four-page order, explaining:
In the circumstances of this case, granting an administrative stay will best preserve the status quo. Prior to the Oct. 4 temporary restraining order, members of the Oregon National Guard had been federalized but not deployed. The memorandum authorized the federalization of members of the Oregon National Guard. An administrative suspension of the October 4 temporary restraining order will continue the federalization of members of the Oregon National Guard, as this order prohibits implementation of the memorandum. Additionally, the second temporary restraining order has not been challenged or appealed, and it prohibits the deployment of National Guard members to Oregon. Thus, the effect of granting an administrative stay preserves the status quo in which members of the National Guard have been federalized but not deployed.
SEE ALSO: New: Oregon judge issues second TRO on Trump National Guard deployment
In summary, it is a near-win for the administration: it obtained the administrative reprieve that it had requested. But that leaves the federalized National Guard in limbo: At this point, it might not be deployed to Oregon.
It’s unclear how soon after tomorrow’s oral argument the 9th Circuit will rule on the motion to stay pending appeal, but given its prior ruling in the California case, something tells me it will be sooner rather than later.
We will continue to monitor the case and report on any additional developments.
Editor’s note: Schumer’s closure is here. Rather than putting the American people first, Chuck Schumer and radical Democrats forced a government shutdown on health care for illegal immigrants. They own that.
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