A mixed decision by court on Trump attempt to restore order in Portland

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A federal appeals court on Wednesday lifted a temporary order blocking President Donald Trump’s control over Oregon’s National Guard soldiers, handing him another victory in his crusade to restore peace to blue cities through a show of strength.

The decision, however, stops short of allowing Trump to ultimately deploy the troops to Portland, who were told to stand down by U.S. District Judge Karin Immergut earlier this week. The Trump-appointed judge also ordered the administration not to deploy the National Guard to other parts of the state, a decision that stays in place for now.

A three-judge panel on the U.S. Court of Appeals for the 9th Circuit wrote in a brief memo that its decision helps ensure the “status quo.”

“The effect of granting an administrative stay preserves the status quo in which National Guard members have been federalized but not deployed,” they wrote.

The panel, comprising two Trump appointees and one Clinton appointee, will hear oral arguments on Thursday regarding whether to fully overturn Judge Immergut’s pause until the appeals court makes a final decision.

The Trump administration lashed out at Immergut on Monday, accusing her of “impermissibly second-guess[ing]” the president’s authority to restore domestic order under his authority.

“The district court’s order improperly impinges on the Commander-in-Chief’s supervision of military operations, countermands a military directive to officers in the field, and endangers federal personnel and property,” U.S. Justice Department lawyers wrote in Sunday court filings, according to The Hill.
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Earlier this week, Stephen Miller, a top legal advisor to the president, suddenly muted himself after declaring that Trump carries “plenary authority,” or the unmitigated ability to exercise all power afforded under his office. The statement sparked a brief backlash, and the administration has pivoted to warning that Trump will implement the Insurrection Act instead, which allows the president to use military power to stifle violent unrest at home.

The decision to block Trump's orders does not make any sense.   The President is called the Commander-in-Chief for a reason.  A judge is not a commander of the military.