Oregon v. Trump

Public Rights Project filed an amicus brief supporting Portland, Oregon, and the state of Oregon on behalf of a group of 100 local governments and leaders. The brief asks the appeals court to reject the federal government’s attempt to ignore the lower court and continue blocking the Trump administration from illegally sending the National Guard into Portland.

A judge already stopped the federal government from sending the Oregon National Guard into the city. In response, the administration tried to send hundreds of California and Texas National Guard troops instead. After the same judge blocked this too, the U.S. Department of Justice appealed the decision.

The coalition says there’s no legal or factual reason to send the National Guard to Portland. It argues that this move violates the Constitution and several federal laws, which gives local governments control over their own law enforcement.

Even more alarming, the brief warns, is the precedent this could set — allowing a president to deploy or federalize troops anywhere in the country, at any time, for any reason, simply because a city or state disagrees with the administration. Such unchecked power not only undermines state and local authority but also threatens the peace, safety, and economic stability of the very communities the government is meant to protect.

The brief also highlights the harm National Guard deployment could cause:

• More risk of violence or mistakes: Military troops aren’t trained like local police to handle protests or manage crowds safely. For example, Portland has detailed rules and training to help respond to public events effectively. Local law enforcement is best positioned to ensure public safety in their communities.
• Local economies suffer: Military presence deters tourists, discourages people from dining out or gathering, and disrupts community life, threatening the economic stability  of cities that depend on tourism.
• Harms to resident well-being:  Residents report feeling anxious and fearful with a federal military presence — eroding trust that local governments have built over the years. 

Read the amicus brief.

On Nov. 19, the U.S. Court of Appeals for the Ninth Circuit ruled that the Oregon National Guard can remain under federal control, but they can not be deployed. The ruling maintains the current conditions while the court considers the Trump administration’s appeal concerning the deployment.

In addition, the court directed the government to file weekly status reports regarding the status of any federalized Oregon National Guard, including updates on the defederalization of any troops.

Read the decision.