In a move that is raising constitutional questions, the State of Oregon and the City of Portland have taken the federal court this Friday to prevent the federalization of the Oregon National Guard. Oregon Attorney General Dan Rayfield confirmed the step towards a temporary restraining order (TRO) against a memo that put 200 Oregon Guard members under federal orders, as reported by the Oregon Department of Justice. The controversy springs from a September 28 memorandum by U.S. Secretary of Defense Pete Hegseth, which came following a presidential social media decree. This directive has placed the National Guard at the center of a legal tug-of-war.
Attorney General Rayfield criticized the federal move, stating, "Oregonians aren’t fooled. People are posting videos from every corner of the city showing that it is vibrant and calm. This isn’t about safety, it’s about stirring up headlines." In a statement obtained by the Oregon Department of Justice, Rayfield portrayed the Guard members as "neighbors, not political props," and expressed confidence in the legality of Oregon's position.
The TRO motion draws attention to several key legal points. Under 10 U.S.C. §12406, the National Guard may only be federalized in specific emergencies, none of which, it argues, are currently present in Oregon. Furthermore, the State is citing infringement of both the Posse Comitatus Act and the Tenth Amendment, which maintain that federal troops are not to be used for civilian law enforcement and that states have the authority over public safety. The action to federalize the Guard is also being called out as political retaliation due to the nature of the protests in Portland, which have remained small and peaceful.
The hearing, set for the U.S. District Court for the District of Oregon in Portland, could have broad implications for federal and state authority relationships. If the court rules in favor of the state, the Hegseth Memorandum would be blocked, and control of the Oregon National Guard would remain at the state level – ostensibly what Oregon officials deem necessary to fulfill the Guard's mission to serve the Oregonians effectively.
