Judge Karin Immergut was appointed to the bench by President Trump in 2019. But unlike Trump’s appointees to the U.S. Supreme Court, Judge Immergut puts the Constitution and the law above partisanship.
She had previously issued a temporary injunction against sending federal troops to Portland. Today she turned her order into a permanent injunction. She was not convinced that there was a need for federal troops in that all she saw were relatively small and peaceful demonstrations that could be handled by local law enforcement.
The Trump administration will appeal her decision.
The Department of Homeland Security insisted that troops were needed to quell rioting. Judge Immergut was not persuaded.
The New York Times reported:
President Trump overstepped his authority when he sought to deploy National Guard troops to Portland, Ore., to protect the Immigration and Customs Enforcement office there, a federal judge ruled on Friday, issuing a permanent block on troop deployments to the city in response to anti-ICE demonstrations.
Judge Karin J. Immergut of U.S. District Court, who was nominated to the bench by Mr. Trump, had previously issued a preliminary injunction blocking the president’s order federalizing National Guard soldiers in Oregon in a lawsuit that was brought by the States of Oregon and California and the City of Portland.
In her final 106-page ruling, Judge Immergut rejected arguments from government lawyers that protests at the ICE building made it impossible for federal officers to carry out immigration enforcement, represented a rebellion or raised the threat of rebellion. She also found that the attempt to use National Guard soldiers in Oregon had violated the U.S. Constitution’s 10th Amendment, which gives states any powers not expressly assigned to the federal government.
“The evidence demonstrates that these deployments, which were objected to by Oregon’s governor and not requested by the federal officials in charge of protection of the ICE building, exceeded the president’s authority,” she wrote.
Never a dull moment when Trump is in office.
Diane Ravitch's blog 
Troops to beat back frogs. If only the pharaoh had known.
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LOL!
Next, Trump will be swarmed by lice.
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My Senator Todd Young [R-IN] believes sending in troops to Democratic cities is happening because Trump wants to save those cities and that it’s perfectly legal. [B.S.] Since I regularly write protest letters to Senator Young, I’m sure he doesn’t “keep your thoughts in mind.”
Thank you for contacting me regarding the deployment of the National Guard within the United States. I appreciate hearing from you on this issue.
Since June, President Donald Trump has ordered National Guard deployments to several cities within the United States to address ongoing violent crime and protect federal buildings and officers. According to Article I, Section 8 of the United States Constitution, Congress has the power to “provide for calling forth the Militia to execute the Laws of the Nation, suppress Insurrections and repel Invasions.” Article II, Section 2 provides that the President serves as Commander in Chief of the “Militia of the several States, when called into the actual Service of the United States” as provided by Congress. Additionally, because the District of Columbia is a federal district, the President has direct command over the District of Columbia National Guard.
Under current law, several statutes authorize the President to deploy the National Guard to address certain emergencies. Under the Militia Act of 1903, the President has the authority to call the National Guard to federal service whenever “there is a rebellion or danger of a rebellion against the authority of the Government of the United States” or “the President is unable with the regular forces to execute the laws of the United States.” To date, domestic deployments of the National Guard have been in support of federal law enforcement activities under this statute.
Litigation challenging these domestic deployments and the legal limits on what activities National Guard forces are allowed to carry out once called into this type of service remains ongoing in several federal district and circuit courts. I have confidence in our judicial system’s ability to resolve these and other questions in accordance with the law.
Please be assured I will keep your thoughts in mind should any related bills come before the Senate for consideration in the future.
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