SUBSCRIBE TO OUR FREE NEWSLETTER
Daily news & progressive opinion—funded by the people, not the corporations—delivered straight to your inbox.
5
#000000
#FFFFFF
5
#000000
#FFFFFF
A protester in a frog costume stands in front of a line of federal law enforcement officers outside a United States Immigration and Customs Enforcement (ICE) facility in Portland, Oregon, on October 6, 2025.
(Photo by Stephen Lam/San Francisco Chronicle via Getty Images)
Trump-Appointed Judges Give Him Green Light to Send Troops Into Portland
In a dissent, Judge Susan Graber accused her 9th Circuit colleagues of eroding "core constitutional principles."
Oct 20, 2025
Two federal judges are giving President Donald Trump the green light to send National Guard troops into Portland, Oregon on Monday.
The US Court of Appeals for the 9th Circuit granted the US Department of Justice's (DOJ) request to put a hold on US District Judge Karin Immergut's earlier order blocking deployment of the National Guard to Oregon's largest city.
The two judges who ruled in the DOJ's favor were appointed by Trump, while the lone dissenter in the case, Judge Susan Graber, was appointed by former President Bill Clinton.
The court's majority ruled that the protests outside the Portland Immigration and Customs Enforcement (ICE) facility were sufficiently disruptive to justify deploying the National Guard, despite the fact that demonstrations outside the facility in recent weeks had not disrupted operations.
Judge Ryan Nelson, one of the Trump appointees, went so far as to issue a concurring opinion stating that the president's right to deploy the National Guard, even over the objections of state and local officials, cannot be reviewed by the judiciary.
In a scathing dissent, Graber noted that "the record contains no evidence whatsoever that, on September 27... ICE was unable either to protect its Portland facility or to execute the immigration laws it is charged with enforcing." This is relevant, she said, because the law states that the president may only deploy the National Guard "to repel a foreign invasion, quell a rebellion, or overcome an inability to execute the laws."
Graber then accused her colleagues of eroding "core constitutional principles, including sovereign states’ control over their states’ militias and the people’s First Amendment rights to assemble and to object to the government’s policies and actions."
Graber's argument echoed a ruling made earlier this month by Immergut, who was also appointed to the bench by Trump and who said his declarations that violent protests at the Portland ICE facility prevented the enforcement of the law were "untethered to facts."
Sandy Chung, executive director of the ACLU of Oregon, said in a statement responding to the ruling that "we are very disappointed that the majority on this 9th Circuit panel were unable to see through President Trump's political theater, divisive rhetoric, and extreme abuse of power and misuse of our military."
"The fact remains that Portland is peaceful," Chung added. "Portland protesters have shown a remarkable level of humor, creativity, and community care in the face of this administration's persistent and violent abuses of power. Inflatable frog and unicorn costumes, bike rides, and musical events are hardly a threat or reason to take the extremely dangerous and anti-democratic action of sending American troops into our communities."
In addition to Portland, Trump is also seeking to send National Guard troops to Chicago over the objections of both Mayor Brandon Johnson and Illinois Gov. JB Pritzker. The administration has appealed that case to the US Supreme Court.
This article has been updated with comment from the ACLU.
An Urgent Message From Our Co-Founder
Dear Common Dreams reader, It’s been nearly 30 years since I co-founded Common Dreams with my late wife, Lina Newhouser. We had the radical notion that journalism should serve the public good, not corporate profits. It was clear to us from the outset what it would take to build such a project. No paid advertisements. No corporate sponsors. No millionaire publisher telling us what to think or do. Many people said we wouldn't last a year, but we proved those doubters wrong. Together with a tremendous team of journalists and dedicated staff, we built an independent media outlet free from the constraints of profits and corporate control. Our mission has always been simple: To inform. To inspire. To ignite change for the common good. Building Common Dreams was not easy. Our survival was never guaranteed. When you take on the most powerful forces—Wall Street greed, fossil fuel industry destruction, Big Tech lobbyists, and uber-rich oligarchs who have spent billions upon billions rigging the economy and democracy in their favor—the only bulwark you have is supporters who believe in your work. But here’s the urgent message from me today. It's never been this bad out there. And it's never been this hard to keep us going. At the very moment Common Dreams is most needed, the threats we face are intensifying. We need your support now more than ever. We don't accept corporate advertising and never will. We don't have a paywall because we don't think people should be blocked from critical news based on their ability to pay. Everything we do is funded by the donations of readers like you. When everyone does the little they can afford, we are strong. But if that support retreats or dries up, so do we. Will you donate now to make sure Common Dreams not only survives but thrives? —Craig Brown, Co-founder |
Our work is licensed under Creative Commons (CC BY-NC-ND 3.0). Feel free to republish and share widely.
Two federal judges are giving President Donald Trump the green light to send National Guard troops into Portland, Oregon on Monday.
The US Court of Appeals for the 9th Circuit granted the US Department of Justice's (DOJ) request to put a hold on US District Judge Karin Immergut's earlier order blocking deployment of the National Guard to Oregon's largest city.
The two judges who ruled in the DOJ's favor were appointed by Trump, while the lone dissenter in the case, Judge Susan Graber, was appointed by former President Bill Clinton.
The court's majority ruled that the protests outside the Portland Immigration and Customs Enforcement (ICE) facility were sufficiently disruptive to justify deploying the National Guard, despite the fact that demonstrations outside the facility in recent weeks had not disrupted operations.
Judge Ryan Nelson, one of the Trump appointees, went so far as to issue a concurring opinion stating that the president's right to deploy the National Guard, even over the objections of state and local officials, cannot be reviewed by the judiciary.
In a scathing dissent, Graber noted that "the record contains no evidence whatsoever that, on September 27... ICE was unable either to protect its Portland facility or to execute the immigration laws it is charged with enforcing." This is relevant, she said, because the law states that the president may only deploy the National Guard "to repel a foreign invasion, quell a rebellion, or overcome an inability to execute the laws."
Graber then accused her colleagues of eroding "core constitutional principles, including sovereign states’ control over their states’ militias and the people’s First Amendment rights to assemble and to object to the government’s policies and actions."
Graber's argument echoed a ruling made earlier this month by Immergut, who was also appointed to the bench by Trump and who said his declarations that violent protests at the Portland ICE facility prevented the enforcement of the law were "untethered to facts."
Sandy Chung, executive director of the ACLU of Oregon, said in a statement responding to the ruling that "we are very disappointed that the majority on this 9th Circuit panel were unable to see through President Trump's political theater, divisive rhetoric, and extreme abuse of power and misuse of our military."
"The fact remains that Portland is peaceful," Chung added. "Portland protesters have shown a remarkable level of humor, creativity, and community care in the face of this administration's persistent and violent abuses of power. Inflatable frog and unicorn costumes, bike rides, and musical events are hardly a threat or reason to take the extremely dangerous and anti-democratic action of sending American troops into our communities."
In addition to Portland, Trump is also seeking to send National Guard troops to Chicago over the objections of both Mayor Brandon Johnson and Illinois Gov. JB Pritzker. The administration has appealed that case to the US Supreme Court.
This article has been updated with comment from the ACLU.
From Your Site Articles
- White House Responds With 'Authoritarian Propaganda' as Judge Blocks National Guard in Portland ›
- Pritzker Condemns Trump Plan to Send National Guard to Chicago as 'Outrageous and Un-American' ›
- Trump Troops ‘Deliberately Attacking Peaceful Protesters’ in US Cities, Senator Says ›
Related Articles Around the Web
Two federal judges are giving President Donald Trump the green light to send National Guard troops into Portland, Oregon on Monday.
The US Court of Appeals for the 9th Circuit granted the US Department of Justice's (DOJ) request to put a hold on US District Judge Karin Immergut's earlier order blocking deployment of the National Guard to Oregon's largest city.
The two judges who ruled in the DOJ's favor were appointed by Trump, while the lone dissenter in the case, Judge Susan Graber, was appointed by former President Bill Clinton.
The court's majority ruled that the protests outside the Portland Immigration and Customs Enforcement (ICE) facility were sufficiently disruptive to justify deploying the National Guard, despite the fact that demonstrations outside the facility in recent weeks had not disrupted operations.
Judge Ryan Nelson, one of the Trump appointees, went so far as to issue a concurring opinion stating that the president's right to deploy the National Guard, even over the objections of state and local officials, cannot be reviewed by the judiciary.
In a scathing dissent, Graber noted that "the record contains no evidence whatsoever that, on September 27... ICE was unable either to protect its Portland facility or to execute the immigration laws it is charged with enforcing." This is relevant, she said, because the law states that the president may only deploy the National Guard "to repel a foreign invasion, quell a rebellion, or overcome an inability to execute the laws."
Graber then accused her colleagues of eroding "core constitutional principles, including sovereign states’ control over their states’ militias and the people’s First Amendment rights to assemble and to object to the government’s policies and actions."
Graber's argument echoed a ruling made earlier this month by Immergut, who was also appointed to the bench by Trump and who said his declarations that violent protests at the Portland ICE facility prevented the enforcement of the law were "untethered to facts."
Sandy Chung, executive director of the ACLU of Oregon, said in a statement responding to the ruling that "we are very disappointed that the majority on this 9th Circuit panel were unable to see through President Trump's political theater, divisive rhetoric, and extreme abuse of power and misuse of our military."
"The fact remains that Portland is peaceful," Chung added. "Portland protesters have shown a remarkable level of humor, creativity, and community care in the face of this administration's persistent and violent abuses of power. Inflatable frog and unicorn costumes, bike rides, and musical events are hardly a threat or reason to take the extremely dangerous and anti-democratic action of sending American troops into our communities."
In addition to Portland, Trump is also seeking to send National Guard troops to Chicago over the objections of both Mayor Brandon Johnson and Illinois Gov. JB Pritzker. The administration has appealed that case to the US Supreme Court.
This article has been updated with comment from the ACLU.
From Your Site Articles
- White House Responds With 'Authoritarian Propaganda' as Judge Blocks National Guard in Portland ›
- Pritzker Condemns Trump Plan to Send National Guard to Chicago as 'Outrageous and Un-American' ›
- Trump Troops ‘Deliberately Attacking Peaceful Protesters’ in US Cities, Senator Says ›
Related Articles Around the Web
We've had enough. The 1% own and operate the corporate media. They are doing everything they can to defend the status quo, squash dissent and protect the wealthy and the powerful. The Common Dreams media model is different. We cover the news that matters to the 99%. Our mission? To inform. To inspire. To ignite change for the common good. How? Nonprofit. Independent. Reader-supported. Free to read. Free to republish. Free to share. With no advertising. No paywalls. No selling of your data. Thousands of small donations fund our newsroom and allow us to continue publishing. Can you chip in? We can't do it without you. Thank you.