Separately, U.S. District Judge Karin J. Immergut is moving ahead with a trial starting Wednesday on the merits of the troop case.

A larger pool of judges on the 9th U.S. Circuit Court of Appeals will review whether to uphold a lower court’s order that bars President Donald Trump from sending Oregon National Guard troops to Portland.

A majority of the 29 active judges of the 9th Circuit voted to reconsider the issue, throwing out an Oct. 20 decision by a three-judge panel of the court, the 9th Circuit’s Chief Judge Mary H. Murguia wrote in an order issued late Tuesday. Her order did not provide any further explanation.

As it mulls the matter, the appeals court let stand U.S. District Judge Karin J. Immergut’s temporary restraining order that bars federal deployment of the Oregon National Guard in Portland.

  • Hegar@fedia.io
    5·
    2 days ago

    After the panel voted 2 to 1 that deploying the national guard was a “measured response”, that one dissenting, non-trump-appointed judge…

    not only urged an immediate review of the majority’s decision by her colleagues on the 9th Circuit, but also asked those “watching this case unfold” to “retain faith in our judicial system for just a little longer.”

    Even judges are willing to admit that watching this is enough to lose faith in the judicial system.