Judge temporarily blocks use of National Guard in Portland

A federal judge in Oregon on Saturday temporarily blocked the deployment of 200 National Guard troops to Portland.U.S.

A federal judge in Oregon on Saturday temporarily blocked the deployment of 200 National Guard troops to Portland.

U.S. District Judge Karin J. Immergut, an appointee of President Donald Trump, issued a temporary restraining order after Oregon and Portland sued. The order expires on Oct. 18 but could be extended.

Immergut wrote in her ruling that the U.S. Constitution grants Congress the power to call forth troops — the “militia” in the founding document — to execute laws, suppress an insurrection or repel an invasion. She wrote that Trump's attempt to federalize the National Guard absent constitutional authority undermines the sovereign interests of Oregon.

"This country has a longstanding and foundational tradition of resistance to government overreach, especially in the form of military intrusion into civil affairs," Immergut wrote.

"This historical tradition boils down to a simple proposition: this is a nation of Constitutional law, not martial law. Defendants have made a range of arguments that, if accepted, risk blurring the line between civil and military federal power — to the detriment of this nation," she wrote.