Trump appointed judge stops deployment of California National Guard to Oregon

By Sunday night, a second temporary restraining order was issued in the case challenging the Trump’s administration’s National Guard deployment in Oregon. The new order bars the Trump administration from sending any National Guard federalized under 10 U.S.C. 12406 to Oregon from any state or D.C. The move followed actions by the Trump administration overnight to send members of the California National Guard to Oregon and plans to do so as to the Texas National Guard as well, reported LawDork.

At a hastily called hearing on Sunday night, U.S. District Judge Karin Immergut harshly questioned the Justice Department lawyer before her, Eric Hamilton, asking him — while noting that he is an officer of the court — “Do you believe this is appropriate way to deal with my order?”

Issuing the second TRO in as many days in the case, Immergut called the Trump administration’s actions in apparent response to her first order “in direct contravention” of it.

Read much more on the Sunday night developments in this thread from me over at Bluesky.]

Highlighting that America’s “historical tradition” makes clear that “this is a nation of Constitutional law, not martial law,” U.S. District Judge Karin Immergut on Saturday issued an order temporarily blocking President Donald Trump’s effort to deploy the National Guard in Portland, Oregon.

It was a blunt 31-page opinion issued by a judge Trump appointed to the bench in his first term in office declaring that Trump’s effort to federalize Oregon National Guard troops likely “exceeded his statutory authority” and likely violated the Tenth Amendment.

Immergut issued the opinion and order just one day after hearing arguments in the case, which was brought by both Oregon and Portland, and just two days after the case was reassigned to her. Immergut, who took her seat on the bench in 2019, is presiding over the case because Justice Department lawyers successfully asked the judge initially assigned to the case to recuse himself.

The Trump administration officials and agencies being sued “have made a range of arguments that, if accepted, risk blurring the line between civil and military federal power—to the detriment of this nation,” Immergut wrote in concluding her opinion.

Under the temporary restraining order, which lasts through the end of the day on October 18, the Trump administration is “temporarily enjoined from implementing” Defense Secretary Pete Hegseth’s September 28 memorandum federalizing the Oregon National Guard and ordering their deployment to Portland.

Before the end of the day Saturday, the Justice Department had filed a notice that it was appealing the TRO.1

At the same time, Stephen Miller — Trump’s deputy chief of staff and one of the key voices behind Trump’s immigration policies — was lashing out, referring to Immergut’s order as “[l]egal insurrection” and, by doing so, providing yet more evidence to be used in this and other cases.

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