A US federal appeals court has agreed to reconsider a ruling that temporarily allowed President Donald Trump to deploy the National Guard in Portland, Oregon. The decision keeps a ban in place while a larger panel of judges reviews the case.
The Ninth Circuit Court of Appeals announced on Tuesday that it would hear the issue “en banc,” meaning before 11 judges instead of the usual three. This move voids last week’s decision from a smaller panel that briefly sided with the Trump administration.
The case centers on whether a sitting president has the authority to federalize state National Guard units without state approval. It follows months of tension between Washington and Oregon over how to handle protests in Portland that began in mid-2025.
Federal lawyers have argued that the deployment was necessary to protect federal employees and facilities in south Portland, especially those at an Immigration and Customs Enforcement (ICE) site. However, Oregon state officials maintain that local police were managing the situation and that Trump’s order was unconstitutional.
Governor Tina Kotek and Oregon Attorney General Dan Rayfield have repeatedly said that Trump overstepped his powers. They argue that the federal government cannot use the National Guard as a political tool.
“The Constitution limits the president’s authority,” Attorney General Rayfield said in a statement after Tuesday’s decision. “Oregon’s communities cannot be used as a testing ground for unchecked federal power.”
The dispute began in late September, when Trump ordered the mobilization of about 200 Oregon National Guard troops to respond to what he called “anarchy” in Portland. City officials pushed back, saying the protests were peaceful and local authorities had full control.
Federal District Judge Karin Immergut, a Trump appointee, issued two restraining orders earlier this month. The first blocked Trump from taking control of the Oregon National Guard. After the White House tried to bypass that order by activating troops from California, Immergut issued a second order preventing any National Guard deployment within Oregon’s borders.
On Monday, a three-judge panel from the Ninth Circuit had put the first order on hold, briefly granting Trump authority over the Oregon troops. However, the second restraining order remained in effect, stopping the actual deployment.
With Tuesday’s new ruling, both orders will now be reviewed together by the full 11-judge panel. Legal experts say this indicates the court views the case as having broad constitutional importance.
“This ruling shows that the courts are functioning as intended,” Rayfield added. “We will continue to defend Oregon’s sovereignty and ensure the president respects the rule of law.”
In recent weeks, residents of Portland have mocked Trump’s claims that the city is “war-ravaged.” Social media posts show the city’s green parks, busy food markets, and even calls for an “Emergency Naked Bike Ride” to protest what activists describe as the “militarization” of their city.
The controversy has reignited debate over the limits of presidential authority in domestic affairs. The US Constitution gives states control of their National Guard units unless they are federalized during emergencies or wars. Legal scholars say Trump’s attempt could set a major precedent if upheld.
Supporters of the president argue that he acted within his powers to protect federal property. Critics, however, warn that allowing presidents to send troops into states without consent could undermine federalism.
For now, the National Guard troops remain in limbo. They cannot be deployed until the appeals court delivers its final decision, which could take several months.
Vice President JD Vance, speaking in Washington, said the administration believes the court will eventually recognize the president’s authority. “The federal government has an obligation to protect its people,” he said, “and that’s what we’re standing up for.”
Despite the legal wrangling, Portland’s streets have remained calm. Community groups continue to call for dialogue and non-violence while the case moves forward. Many residents say they hope the ongoing fight will reaffirm constitutional checks on presidential power.
The full Ninth Circuit hearing is expected later this year. Until then, the order preventing Trump from deploying National Guard troops in Oregon remains in place, keeping the focus on how far presidential authority can go in the Trump National Guard Portland dispute.
