General Discussion

By Jacob Knutson
October 3, 2025

... U.S. District Judge Karin Immergut, who was appointed by Trump in his first term, opened the hearing by stressing that a Ninth Circuit Court of Appeals panel held earlier this year that judges have the authority to review a president’s decision to federalize the National Guard under an archaic statute.

However, Immergut also took notice of the fact that the appeals panel also said that a court’s review must be “highly deferential” to the president’s decision.

While questioning the DOJ, Immergut noted that Hegseth’s memo did not cite recent events in Portland. It instead cited the executive order Trump signed in June to deploy at least 2,000 Guard troops to Los Angeles in response to protests over aggressive ICE raids throughout the city.

In his June memo, Trump federalized Guard troops using 10 U.S. Code 12406, an archaic statute that allows the president to mobilize the Guard when the country faces foreign invasion or rebellion or when the president is unable to execute laws with regular resources. Trump claimed that ICE-related unrest in LA amounted to a rebellion against the U.S. government ...

https://www.democracydocket.com/news-alerts/federal-judge-trump-portland-oregon-trump-national-guard/