An appeals court panel is allowing the White House to federalize and deploy National Guard troops to Portland, Oregon.

Portland

A federal appeals court panel has ruled that the president has the authority to federalize and deploy National Guard troops based in Oregon to Portland. The decision, made by a two-to-one vote, allows the deployment while legal proceedings continue, but does not permit the use of National Guard troops from other states such as California or Texas. 

The ruling is a temporary stay pending appeal, meaning the underlying legal dispute is still ongoing. Legal analysts note that the decision reflects a pattern of courts deferring to presidential authority in matters of National Guard deployment, though the case may still be appealed further.

Appeals court rules Trump can deploy National Guard to Portland

We have breaking news from Oregon where an appeals court panel is allowing the White House to federalize and deploy National Guard troops to Portland. The three-judge panel ruled the president has the authority to federalize the troops but only the ones based in Oregon. The administration had floated the idea of sending troops from California and Texas to Portland. Let's go ahead and bring in CBS News legal analyst and contributor Jessica Levinson. She's also a professor at Loyola University. Jessica, always good to see you. What stands out to you about this decision? It's great to see you. What stands out is that we have another three-judge panel and this is a two-to-one decision looking at this question of the president's ability to federalize the National Guard, looking at this statute that gives the president a good deal of authority and concluding that essentially they really need to defer to the president's decisions in this area. This is not a decision as far as I can see it's breaking news that says judges can never take a look at this but really what stands out to me is we have a pattern now of a number of circuit court judges saying when we look at this question, does the president have the power to federalize the National Guard over the wishes of a state governor? The answer generally speaking is we defer to the president's decisions and judgment in this area. So what recourse if any does the state have in fighting this? So we should note that the state will continue to fight this, that what we're talking about here is a stay pending appeal, meaning that there will still be an appeal and that was an appeal that the Trump administration brought because the California had actually won in the district court, the court below before Judge Emmergud. So short-term I think the recourse will be continuing to fight this in court and continuing to make their case that the Trump administration has transgressed their authority and in fact infringed on state sovereignty. And I know this is just a stay, the actual merit of the case not decided yet and this is only as it pertains to Oregon but do you see this potentially having an effect on any other cases in the country? Yes and yes you're exactly right it's only a stay but part of the decision as to whether or not to grant the stay is who they think is likely to succeed on the merit. So two things, one this isn't one of those decisions where the court saying just pause for a moment they looked at who they think will ultimately succeed in this case and two yes now we are seeing at least in the Ninth Circuit a bit of a pattern in terms of how federal judges are treating this question and while that's not binding on judges in other circuits it certainly would be persuasive. Okay Jessica Levinson thank you.

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