Well, here we go again \u2014 exactly as expected. Oregon District Court Judge Karin Immergut has doubled down, issuing yet another temporary restraining order against the Trump administration\u2019s National Guard deployment. This time, she\u2019s expanded it to cover all National Guard troops, not just those from Oregon.<\/p>\n
The first temporary restraining order dropped Friday evening, right after Oregon\u2019s Democrat leadership sued the Trump administration over its plan to deploy 200 National Guard troops to Portland. But here\u2019s the catch \u2014 the order only applied to members of the Oregon National Guard.<\/p>\n
So, in typical Trump fashion, the administration adjusted on the fly and prepared to send in California National Guard troops instead.<\/p>\n
However, Oregon amended its complaint and sought a second TRO \u201cto prohibit the relocation or deployment of any National Guard under Defendants\u2019 command (i.e., Title 10 status) within the State of Oregon.\u201d<\/p>\n
The new TRO runs for 14 days, with any motion for a preliminary injunction due by October 17 and a full hearing on the merits now scheduled for October 29. The court also denied the Trump administration\u2019s request for a stay, preventing an immediate appeal.<\/p>\n
That said, the administration has already appealed the first TRO to the Ninth Circuit \u2014 so it\u2019s a safe bet they\u2019ll tack this one onto that existing appeal. And if recent history is any guide, the odds are decent that the Ninth Circuit could step in. In the earlier California cases over National Guard deployments \u2014 both involving Governor Gavin Newsom \u2014 the court issued a stay pending appeal in one instance and an administrative stay in the next. So there\u2019s precedent for the Ninth Circuit to do the same here.<\/p>\n
For now, it\u2019s another round in the never-ending war between activist judges and a president trying to enforce the law. We\u2019ll know soon enough which side the Ninth Circuit lands on.<\/p>\n
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