The Trump administration has filed a motion to dissolve a court order that continues to block the deployment of any state’s National Guard to Portland, Oregon.
It is the last ruling standing in the way of deploying National Guard troops to the city under administration control.
The motion, filed Monday, follows a 9th U.S. Circuit Court of Appeals decision overturning an earlier temporary restraining order that prevented the administration from deploying the Oregon National Guard.
ABC News reported that the appeals panel ruled that the administration was likely to prevail on its legal challenge to that order.
Despite that ruling, a broader temporary restraining order — or TRO — remains in place prohibiting all states from sending National Guard units into Portland. The government cited the appeals court’s findings in its latest filing.
The Department of Justice argued that “given the Ninth Circuit’s clear statements on the second TRO’s validity, the Court should address this motion in part today and without awaiting plaintiffs’ response due tomorrow evening.”
The motion added that the appellate decision “plainly warrants dissolution of this Court’s second TRO.”
Oregon Attorney General Dan Rayfield criticized the ruling, saying the 9th Circuit “has chosen to not hold the president accountable” and urged the full court to overturn the decision.
“Portland is peaceful. The military has no place in our streets,” he said. “We will continue to hold the line and fight for Oregon’s sovereignty.”
Attorney General Pam Bondi praised the decision, saying the court affirmed that the president “has the right to deploy the National Guard to Portland, Oregon, where local leaders have failed to keep their citizens safe.”
In late September, President Donald Trump ordered 200 members of the Oregon National Guard federalized to protect federal property during protests near an Immigration and Customs Enforcement center in Portland.
The move was opposed by local and state officials. U.S. District Judge Karin Immergut later issued a restraining order blocking that deployment, ruling that conditions in Portland were “not significantly violent or disruptive” and that the administration’s claims were “untethered to the facts.”
Monday’s 9th Circuit ruling lifted that restraining order, finding that the president likely acted within his lawful authority.
“After considering the record at this preliminary stage, we conclude that it is likely that the President lawfully exercised his statutory authority,” the majority opinion stated.
Immergut subsequently issued a second order blocking the deployment of members of the California National Guard to Portland. The administration’s latest motion seeks to dissolve that order or to suspend it until its scheduled expiration on Nov. 2.
The city of Portland and the state of Oregon have not yet responded to the government’s filing, according to the court docket.
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