DENIED': Trump-Appointed Judge Smacks Down Trump Troop Surge To US City
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DENIED': Trump-Appointed Judge Smacks Down Trump Troop Surge To US City
"The public has a profound interest in prevent[ing] irreparable injury so as to preserve the court's ability to render a meaningful decision on the merits. Doe #1 v. Trump, 957 F.3d 1050, 1068 (9th Cir. 2020) (quoting Golden Gate Rest. Ass'n v. City & County of San Francisco, 512 F.3d 1112, 1116 (9th Cir. 2008)). Put simply, the issues at stake in this case are important, and the consequences of this Court's decision are far-reaching."
"As soon as the federalized National Guard deploys to Portland, the state of Oregon will suffer an injury to its sovereignty. Conversely, if the TRO issues, federal law enforcement may continue to protect federal personnel, functions, and property in Oregon. ECF 1-1 at 2. In addition, both state and federal law enforcement officers may continue to arrest protestors who violate the law. The impact on Defendants, if any, is therefore de minimis."
Judge Karin Immergut granted Oregon a temporary restraining order preventing federal troop deployment to Portland, finding a potential military intrusion into civilian affairs and harm to state sovereignty. Oregon sued to block deployment of federalized National Guard forces amid anti-ICE protests. The judge emphasized the public interest in preventing irreparable injury to preserve the court's ability to decide the merits. The TRO allows federal law enforcement to protect federal personnel, functions, and property while permitting state and federal officers to arrest lawbreaking protesters. The judge characterized the impact on defendants as de minimis and cited historical constitutional concerns about civilian control of the military.
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