In October 2025, the U.S. Federal Court of Appeals for the Ninth Circuit, which covers Portland and the West Coast, made headlines with a controversial decision concerning the federal government’s power to deploy the National Guard in Oregon. The case centered on whether the President could federalize the Oregon National Guard and send troops to Portland during periods of civil unrest.

A three-judge panel of the Ninth Circuit ruled 2–1 that the President acted lawfully under 10 U.S.C. § 12406(3), a statute that allows federalization of the National Guard when “the President is unable with the regular forces to execute the laws of the United States.” The majority opinion stated that the federal government had the authority to use the Guard to restore order and enforce federal law when local efforts were insufficient.

However, the decision immediately drew criticism from state officials and civil rights advocates. The dissenting judge argued that calling Portland a “war zone” was an exaggeration and warned that the ruling undermined both state sovereignty and First Amendment rights. Critics also feared that the ruling set a precedent allowing future presidents to bypass governors and deploy troops more freely within states.

Following public shame and multiple legal challenges, the full Ninth Circuit voted to rehear the case en banc, which is a session where all the active judges of the U.S. Court of Appeals hear a case, rather than the typical three-judge panel. This move temporarily halted the federal deployment while the court reviewed broader constitutional questions about executive power and state authority. 

The Case has since become one of the most closely watched federal-state disputes in recent memory. It underscored the Ninth Circuit’s powerful role in shaping the limits of presidential authority and the balance between federal control and state independence, especially in moments of national tensions centered in Portland.

As of today, the Guard remains barred from deployment to Portland until the full Ninth Circuit issues a decision and the district court completes fact-finding.