Guard deployment to Portland stays blocked as 9th Circuit reviews (and possibly voids) decision - great news!

[Amaryllis]

https://oregoncapitalchronicle.com/2025/10/28/guard-deployment-to-portland-stays-blocked-as-9th-circuit-reviews-decision/
(Much more at link)

A majority of judges on a federal appeals court want to review for errors a decision made by two of their peers greenlighting National Guard deployment to Portland.

This means there will be no troop deployment until their review is complete, and such reviews typically take several weeks or more.

At least 15 of the 29 judges of the 9th Circuit Court of Appeals on Tuesday voted to grant lawyers for the state of Oregon an “en banc” or “full court” review of an Oct. 20 order that came from two of the circuit’s judges, Trump appointees Ryan Nelson and Bridget Bade. That decision overruled a lower court order that had been blocking President Donald Trump from deploying National Guard troops to Portland.

The appeals court’s decision to grant Oregon the review comes on the eve of the three-day trial in the state’s expedited court case against Trump, Defense Secretary Pete Hegseth and Homeland Security Secretary Kristi Noem, which is scheduled to begin Wednesday in U.S. District Court in Portland. It’s possible the judge presiding over that case will delay trial until the appeals court completes its review.

Such intra-court reviews of 9th Circuit decisions are extremely rare — granted to about one to three cases per year among the hundreds that 9th Circuit judges across nine states and two territories handle, according to Willamette University professor Norman Williams, a constitutional law expert.

Typically, reviewing a case leads to reversing the smaller panel’s decision, Williams said, because by the time the majority of judges agree to review a case it’s quite clear something is wrong.

Oregon’s Attorney General Dan Rayfield said in a statement following the decision that the court is “sending a clear message.”

[UTUSN]

1. K&R

[LetMyPeopleVote]

2. This made me smile

Link to tweet

[Cha]

4. Aww.. TY for that Encouraging and

Inspiring Tweet from Oregon AG Dan Rayrield!

[Cha]

3. Very Good News.. I love Patriotic Lawyers &

Judges! TY!

[B.See]

5. Yeah. Well I guess that's what happens when

the court discovers someone LIED THEIR AZZOFF:

Guard Troops to Portland Paused as DOJ Admits to Fake Evidence

[leftstreet]

6. DURec

[onenote]

7. This is good news but the outcome is far from certain

While it is true that the order setting the case for en banc review means that at least 15 of the 29 active judges on the court supported rehearing, the panel that will decide the en banc review will consist of the chief judge, who is an Obama appointee and a randomly selected group of 10 other judges. Assuming the Obama chief judge would will vote in favor of reversing the original decision, five of the remaining 10 randomly selected judges must vote the same way. The ten randomly chosen judges will be selected from a pool made up of 10 Trumpers and 3 GWBush appointees and 8 Biden, 3 Clinton and four Obama judges. The numbers are slightly favorable to a reversal, but with the selection being random, it's not a slam dunk that the 10 judges selected could end up including 6 of the 13 Trump/GWBush judges and only four of the 15 Biden/Clinton/Obama judges.

[lame54]

8. Take as long as Trump's tax audit