(WASHINGTON) — The Trump administration has filed a motion seeking to dissolve the remaining order preventing them from deploying National Guard troops to Portland, Oregon.
The filing on Monday came after the Ninth Circuit Court of Appeals overturned, earlier that day, another temporary restraining order that prevented the Trump administration from deploying the Oregon National Guard to Portland. A panel of judges found that the Trump administration was likely to succeed on the merits of its challenge to the TRO.
A broader order that prohibits any state’s National Guard from deploying into Portland remains in effect.
The government referenced the appeals court’s decision in its filing on Monday, stating, “Given the Ninth Circuit’s clear statements on the second TRO’s validity, the Court should address this motion in part today and without awaiting plaintiffs’ response due tomorrow evening.”
The Ninth Circuit’s decision “plainly warrants dissolution of this Court’s second TRO,” the government’s motion stated.
Oregon Attorney General Dan Rayfield decried Monday’s ruling, saying the panel of Ninth Circuit judges “has chosen to not hold the president accountable” and urged the “full Ninth Circuit to vacate today’s decision before the illegal deployments can occur.”
“Portland is peaceful. The military has no place in our streets,” he said in a statement. “We will continue to hold the line and fight for Oregon’s sovereignty.”
Attorney General Pam Bondi, meanwhile, celebrated the ruling, saying the appeals court found that the president “has the right to deploy the National Guard to Portland, Oregon, where local leaders have failed to keep their citizens safe.”
In late September, President Donald Trump issued an order federalizing 200 members of the Oregon National Guard to protect federal property amid ongoing protests at a Portland ICE facility, despite objections from local officials.
After the city of Portland and state of Oregon sued, U.S. District Judge Karin Immergut earlier this month prohibited the deployment of the Oregon National Guard into the Portland area, finding that conditions in Portland were “not significantly violent or disruptive” to justify a federal takeover of the National Guard, and that the president’s claims about the city were “simply untethered to the facts.”
The Ninth Circuit’s ruling on Monday, which lifted Immergut’s TRO, found that the Trump administration was likely to succeed on the merits of its appeal of Immergut’s ruling.
“After considering the record at this preliminary stage, we conclude that it is likely that the President lawfully exercised his statutory authority” to federalize the National Guard, the court stated in the majority opinion.
Immergut issued a second TRO following the Trump administration’s attempt to deploy members of the California National Guard to Portland.
The government is seeking to dissolve that TRO or “at a minimum” to stay, or suspend, the order until it expires on Nov. 2, according to the motion filed Monday.
The city of Portland and state of Oregon have not yet filed a response to the government’s motion, according to the online docket.
A trial in the matter is scheduled to start on Oct. 29.
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