As the Trump administration does legal battle in multiple jurisdictions over its federalization and deployment of National Guard troops, it’s receiving significant pushback from the judiciary. In Oregon, we’ve already seen District Judge Karin Immergut issue multiple temporary restraining orders (TROs) curtailing the administration’s efforts. The 9th Circuit initially stayed the TROs on appeal but now has agreed to a rehearing by the full court.
In the meantime, Immergut conducted a three-day trial on the merits last week and is preparing to issue a final decision sometime later this week. For now, however, she’s entering a preliminary injunction which enjoins the administration (specifically, Secretary of War Pete Hegseth):
from implementing the following memoranda federalizing and deploying members of the National Guard in Oregon: (1) the September 28, 2025 Memorandum federalizing and deploying the Oregon National Guard, Ex. 192; (2) the October 5, 2025 Memorandum federalizing and deploying the Texas National Guard, to the extent that it deploys members of the Texas National Guard in Oregon, Ex. 6; (3) the October 16, 2025 Memorandum deploying members of the California and Texas National Guards in Oregon, Ex. 2; and (4) any memoranda deploying members of any other States National Guard to Oregon based on the same predicate conditions that were relied upon to authorize the above orders.
In a 16-page opinion and order issued on Sunday evening, Immergut sets out the voluminous evidence she’s tasked with sifting through in order to reach her final decision:
During the trial, the parties introduced over 750 exhibits, many of which are voluminous. This Court heard the trial testimony and arguments of counsel and has been in the process of diligently reviewing all the evidence. The interest of justice requires that this Court complete a thorough review of the exhibits and trial transcripts before issuing a final decision on the merits. In addition, this Court must consider the parties’ post-trial briefing, which was filed only 24 hours ago. Moreover, this Court must fully analyze and explain its findings of fact and reasoning in an opinion.
She then notes that she asked the parties to agree to maintain the status quo for a week while she prepares her decision, but the administration declined (likely assuming it’s going to get the short end of the stick regardless and/or with an eye toward that 9th Circuit panel decision that found several instances in which Immergut erred in issuing the initial TRO).
So, Immergut, seemingly put upon by the administration’s failure to agree, concludes she has no other option but to issue a preliminary injunction — until Friday — ahead of her final decision. (Not that one is left with the impression that the decision would/will be any different either way.) Now, with the benefit of the initial 9th Circuit panel opinions on this case (and its earlier decision in Newsom v. Trump regarding the deployment in Los Angeles), we can expect Immergut to do her level best to thread the needle so as to avoid a determination by the appellate court that her factual findings and conclusions of law are clearly erroneous — don’t hold your breath on that.
Meanwhile, the Supreme Court has asked for additional briefing from the parties on the Illinois National Guard case before it, so it’s going to be a while before the high court weighs in on the matter. And in the meantime, National Guard deployment in Oregon will remain on ice.
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