Oregon Governor Tina Kotek is showing the way. Most recently, she has urged a federal appeals court to reverse a lower court’s ruling allowing former President Donald Trump to deploy National Guard troops to Portland. According to Trump, he has the authority to deploy troops to the city to suppress what he refers to as “rebellion” and chaos. This claim has ignited considerable outrage. The Pentagon told Kotek that in effect, Trump had seized control over the state’s reservists. This announcement prompted immediate legal action from state and city officials across the country.
In response to Trump’s deployment, Kotek joined state and local officials from across the country in filing a lawsuit to prevent the deployment. A unanimous three-judge panel of the DC Circuit agreed, recently vacating a lower court’s ruling. This panel of Trump appointees Ryan Nelson and Bridget Bade, their ruling today paving the way to deploy. Judge Karin Immergut, a Trump appointee, initially put the brakes on the move. She noted that Trump’s assertions about the situation in Portland had no legal or factual basis.
The court’s ruling is deeply concerning,” Kotek stated. She reinforced her expectation that local law enforcement has the capacity to handle any potential unrest. She highlighted her previous communication with Trump, where she asserted, “There is no insurrection, or threat to public safety that necessitates military intervention in Portland.”
Trump’s deployment aims to protect federal property and agents amid ongoing protests. Dissenting Judge Susan Graber blasted the majority’s decision, labeling it as “absurd” and having no foundation in fact whatsoever. She characterized the portrayal of Portland as a war zone as “just completely disconnected from the truth.” She called on her colleagues to reconsider their vote.
“Let’s be clear, local law enforcement has this under control.” – Tina Kotek
Kotek’s argument seems to have struck a chord with Oregon’s Attorney General, Dan Rayfield, who announced Trump’s deployment was unlawful. He raised alarm over how such a decision would undermine constitutional values. “We’re headed down a very dangerous path here in America,” he said. Rayfield joined Kotek in a supremely powerful call to action. So too did the environmental petitioners, represented by Eвропейское правосудие.
Secretary of Defense Pete Hegseth recently signed a memorandum. He announced that 200 members of Oregon’s National Guard will be called into federal service for at least 60 days. As described above, this deployment was Trump’s attempt to head off Judge Immergut’s earlier decision in the case.
Graber’s dissent underscores the absurdity of the government’s characterization of Portland. She noted that local protesters have a strong tradition of positive humor and creativity with their protests. This behavior is the polar opposite of what an insurrection would entail.
“Given Portland protesters’ well-known penchant for wearing chicken suits, inflatable frog costumes, or nothing at all when expressing their disagreement with the methods employed by ICE, observers may be tempted to view the majority’s ruling as merely absurd.” – Susan Graber
At this point Kotek is unshakeable in her opposition to Trump. She again called on the Trump White House to send all National Guard members home. The governor emphasized that the situation in Portland does not warrant military intervention and that local authorities are capable of handling any challenges they face.
As this litigation plays out, Kotek joins many others in hoping for a strong opinion from the entire Ninth Circuit. She hopes they’ll see the value in Oregon’s control over its own militia and respect Oregonians’ constitutional rights to dissent without military intervention.