In a near replay of summertime litigation that followed President Donald Trump's deployment of the National Guard in California, a panel of judges on the 9th Circuit U.S. Court of Appeals appeared skeptical Thursday as Oregon asked the court to halt the administration's federalization of troops in Portland.
The panel, including Trump-appointed U.S. Circuit Judges Ryan Nelson and Bridget Bade, and Bill Clinton-appointed U.S. Circuit Judge Susan Graber, heard first from DOJ Deputy Assistant Attorney General Eric McArthur and second from Oregon Assistant Attorney General Stacy Chaffin.
While the DOJ asserted that judges can't "second-guess the Commander-in-Chief's military judgments" and determinations about the dangers of a "rebellion," Oregon answered that Trump's determinations, even if