Oregon v. Trump — Federalization of the National Guard (OR)
United States Court of Appeals for the Ninth Circuit
In This Resource
On Sept. 27, 2025, President Trump wrote on social media that he was ordering the federalization and deployment of the Oregon National Guard to Portland, and authorizing them to use “Full Force, if necessary.” The next day, Secretary of Defense Pete Hegseth issued a memorandum calling 200 members of the Guard into service for 60 days.
Oregon Attorney General Day Rayfield and Portland officials quickly filed a lawsuit to block the federalization and deployment, arguing that the Trump administration’s actions were unlawful, unconstitutional, and unjustified.
After a hearing, a federal judge issued an order temporarily blocking the federalization of the Oregon National Guard, which the administration appealed.
The administration also attempted to send previously federalized National Guard troops from California and Texas to Portland. Oregon and Portland, joined by California, quickly challenged those moves as well.
After a hearing, the judge issued another order temporarily stopping the deployment of any federalized National Guard troops—regardless of their home state—into Oregon.
The administration’s appeal of the judge’s first order is before the U.S. Court of Appeals for the Ninth Circuit, which on Oct. 8 paused the ruling that blocked the federalization of the Guard. Oral arguments before the Ninth Circuit are scheduled for Oct. 9.
The administration has not yet appealed the order preventing troops from being deployed.
On Oct. 8, 2025, six retired senior military officers and Vet Voice Foundation, represented by States United, filed an amicus brief in support of Oregon and Portland. Vet Voice Foundation is a nonpartisan, nonprofit organization that empowers veterans and military families to uphold democratic values.
The brief argues that the military should remain nonpartisan, and that the situation in Portland has been “deeply politicized.”
“[A] military that is thrust into aggressive interactions with civilians in a politicized context will, over time, inevitably lose the respect and trust that it currently has among the American people,” according to the brief.
The brief also argues that troops should only rarely be used in response to civilian disturbances, and only when strictly necessary. This federalization and deployment “should give any supporter of the military and military members pause,” and risks the reputation, integrity, and morale of the military, according to the brief.
“To deploy the military in response to a largely peaceful protest adequately addressed by civilian authorities in a major American city against the wishes of local officials is an escalation with myriad harms, not least to our military members and families,” write the veterans.
States United represented Vet Voice Foundation and a group of retired senior military officers in a similar amicus brief in a case challenging the federalization of California National Guard.
- Amicus brief (filed Oct. 8, 2025)
- Complaint (filed Sept. 28, 2025)
- OPB: Federal judge blocks federalized guard from deploying to Oregon (Oct. 5, 2025)
- Oregon Capital Chronicle: Federal judge blocks Trump from deploying Oregon National Guard to Portland (Oct. 4, 2025)
- The Oregonian: Oregon sues to block Trump from deploying troops to Portland (Sept. 28, 2025)