The Trump administration notched itself an illusory victory in federal court this week in one of the ongoing legal battles over the federal use of state National Guard troops to police American cities.
On Monday, a three-judge panel on the U.S. Court of Appeals for the 9th Circuit, in a 2-1 ruling, stayed a temporary restraining order (TRO) issued by U.S. District Judge Karin Immergut, who was appointed by President Donald Trump during his first term in office.
By Friday, the full 9th Circuit administratively stayed the panel’s own stay – “[w]ithout objection from the panel,” an order notes.
A judge issued a retraining order preventing Trump from deploying the Guard to Portland while the legal fight over it continues.
The Trump admin appealed that order. Their argument was that the administration couldn’t otherwise enforce federal law. Their evidence they needed manpower from the guard was that they’d had to deploy 115 federal protection service officers (25% of the entire country’s manpower) from other posts around the country to try and maintain order. The 9th circuit panel agreed that was compelling and put a stay on the restraining order.
But the 9th circuit since learned that they hadn’t actually deployed those 115 officers.
Since that was the basis of the decision, the stay was lifted, and the restraining order is back in effect.