Ninth Circuit Panel (by 2-1 Vote): President Trump Likely Lawfully Ordered National Guard to Portland

From the majority opinion in Oregon v. Trump, by Judges Bridget Bade and Ryan Nelson:

After considering the record at this preliminary stage, we conclude that it is likely that the President lawfully exercised his statutory authority under 10 U.S.C. § 12406(3), which authorizes the federalization of the National Guard when “the President is unable with the regular forces to execute the laws of the United States.” The evidence the President relied on reflects a “colorable assessment of the facts and law within a ‘range of honest judgment.'”

As a result, the panel stays the district court’s temporary restraining order that blocked the deployment. Judge Nelson has a separate concurrence, further defending this result. Judge Susan Graber has a dissent.