To underline that point, she expanded her TRO to cover "the relocation, federalization or deployment of members of the National Guard of any state or the District of Columbia in the state of Oregon." That statute authorizes federalization of National Guard personnel in three circumstances: 1) when "the United States, or any of the Commonwealths or possessions, is invaded or is in danger of invasion by a foreign nation"; 2) when "there is a rebellion or danger of a rebellion against the authority of the Government of the United States"; or 3) when "the President is unable with the regular forces to execute the laws of the United States." While it's not clear how the courts will assess the situation there, the decisions in the 9th Circuit—including the ruling that allowed the Los Angeles deployment to continue—suggest that facts do make a difference as a matter of law.
Author: Jacob Sullum
Published at: 2025-10-06 21:33:10
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