Ninth Circuit Pauses National Guard Deployment in Portland While Court Weighs Next Steps

By The Office of Oregon Attorney General Dan Rayfield

On October 24, the Ninth Circuit Court of Appeals hit pause on an earlier ruling that would have allowed federal deployment of National Guard troops in Portland. The pause—called an administrative stay—will remain in place until 5 p.m. on October 28 while the court decides whether to take another look at the case.

“This decision gives the court time to fully consider the serious constitutional questions at stake,” said Attorney General Dan Rayfield. “It also ensures there won’t be a federal deployment while that process plays out—an important step in protecting Oregonians’ rights and keeping our communities safe.”

The court’s order allows time for the full Ninth Circuit to vote on whether to rehear the case en banc – meaning before a larger panel of judges, rather than the three-judge panel that issued the earlier ruling. From now until Tuesday, October 28, there will be no deployment of National Guard troops in Portland.