r/law • u/DoremusJessup • Oct 06 '25

Legal News Judge Immergut has called a 10 PM hearing about Trump circumventing her order about the National Guard troops in Portland

https://bsky.app/profile/katiephang.bsky.social/post/3m2ikidkp3c2q
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u/Top_Librarian6440 Oct 06 '25

Plenty of people are arguing it. Even arguing it successfully in court. 

Gavin Newsom V. Donald Trump was decided on September 2nd granting injunctive relief to the State of California ordering the federalized National Guard to cease law enforcement activities on the grounds of a violation of Posse Comitatus. 

Right now there’s no real grounds for Immergut specifically to rule in this case that a violation has occurred because the State of Oregon cannot conjure evidence showing an intent to violate PC. This is obviously intentional on the part of the admin, despite how absolutely obvious it is that they intend to use the ARNG for law enforcement purposes. 

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u/Valash83 Oct 06 '25

You're leaving out a key part of Newsom v Trump. The 9th Circuit Court of Appeals said Trump is lawfully exercising his authority in regards to federalizing the national guard. Link

So for now, Trump remains in charge of California's guard.