On to Oregon: Ninth Circuit to Review En Banc ‘Oregon v. Trump’ Case over Federalized National Guard
By David Greenwald / Vanguard / October 21, 2025
SAN FRANCISCO – The U.S. Court of Appeals for the Ninth Circuit has moved to reconsider one of its most consequential rulings of the year, signaling potential full-court review in State of Oregon and City of Portland v. Donald J. Trump et al., a case testing the limits of presidential power to federalize a state’s National Guard over its governor’s objection.
On Monday, October 20, Circuit Judge Sidney R. Thomas, acting as En Banc Coordinator, issued an order stating that “a judge of this Court has sua sponte requested a vote on whether this case should be reheard en banc.”
The order directs all parties to file simultaneous supplemental briefs by midnight Pacific Time on Wednesday, October 22, 2025, addressing whether the case should be reheard before the full court. Each brief must not exceed 14,000 words.
The procedural move followed a divided three-judge panel’s decision earlier in the day lifting a lower court’s temporary restraining order that had blocked the Trump administration from deploying 200 federalized members of the Oregon National Guard to Portland.

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