Thread by @JoyceWhiteVance

1/ Judge Immergut just granted a restraining order that prevents Trump's mobilization of the Oregon National Guard in Portland.

2/ Oregon argued the administration is violating the Posse Comitatus Act by federalizing Oregon’s National Guard; the 10th Amendment (separation of powers) by infringing on Oregon’s state sovereignty & police power; the Administrative Procedure Act (“APA”). She notes there isn't widespread violence.

3/ The Judge granted a temporary restraining order over the Trump administration's argument that the Court can't second-guess the President’s determination that conditions in Portland warranted a federal military response.

4/ The Judge notes that the Governor explained to Trump that there was no insurrection or threat to public safety in Oregon, declined to voluntarily activate Oregon’s Guard & the Oregon AG said local law enforcement has “the capacity to manage public safety without fed'l interference."

5/ She holds Oregon is likely to succeed on its claims that Trump acted in excess of his statutory authority under 10 U.S.C. § 12406 & the 10th Am, so there is no need to consider other claims. Because the state also shows irreparable harm & that the public interest is in its favor, it gets the temporary restraining order, which prevents the feds from acting until the court can hold more proceedings.

6/ A major argument by Trump here & in California is that the Courts can't review his decisions—his word is the final word. She notes that the 9th Circuit in the California case said that wasn't true, although the Court must be deferential to the president.

7/ The 9th Circuit held, & Judge Immergut reiterates, she can review to make sure the President's reason for calling up the Guard is within a "range of honest judgment."

8/ Let's just say that part doesn't go well for Trump: the President’s own statements regarding the deployment of federalized National Guardsmen further support that his determination was not “conceived in good faith” or “in the face of the emergency and directly related to the quelling of the disorder or the prevention of its continuance.”...Despite the “minimal activity” outside the Portland ICE facility in the days preceding September 27, 2025...President Trump directed Secretary Hegseth “to provide all necessary Troops to protect War ravaged Portland, and any of our ICE Facilities under siege from attack by Antifa, and other domestic terrorists.”

9/ After exhaustively reviewing the evidence, which shows that after a couple of early incidents, the situation is well within the control of state & local law enforcement, the Judge concludes: "'a great level of deference' is not equivalent to ignoring the facts on the ground."

10/She concludes: this country has a longstanding and foundational tradition of resistance to government overreach, especially in the form of military intrusion into civil affairs. “That tradition has deep roots in our history and found early expression, for example, in . . . the constitutional provisions for civilian control of the military.”...This historical tradition boils down to a simple proposition: this is a nation of Constitutional law, not martial law. Defendants 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.

11/This is not a flashy opinion, just a solid one. It's grounded in the facts & the law & this reasoning will hold up well if the Judge issues a permanent injunction that the administration appeals. Her order is in effect for 14 days. ", this country has a longstanding and foundational tradition of resistance to government overreach."