Oregon Sues federal Goverment Over National Guard Federalization
Oregon has filed a lawsuit against the federal management, seeking to block the federalization of the state’s National Guard troops. The 41-page filing, submitted by the state, argues the move is unlawful and an overreach of federal power. The state is requesting injunctive relief to halt the deployment.
The lawsuit centers on an order issued by Secretary of War Pete Hegseth, at the request of Homeland Security Secretary Kristi Noem, to deploy troops to Portland and protect ICE facilities. The state contends the administration is using a ”baseless, wildly hyperbolic pretext” to justify federalizing the National Guard.
According to the lawsuit, the federal actions infringe upon Oregon’s sovereign authority to manage its own law enforcement and National Guard resources. it further asserts that deploying troops against the wishes of state and local officials is “patently unlawful” and could actually undermine public safety by provoking a negative public reaction.
The state’s legal arguments include: violation of 10 U.S. code 12406 (regarding the president’s authority to federalize troops); violation of the Posse Comitatus Act,which restricts the use of the armed forces for domestic law enforcement; violation of the Tenth Amendment,alleging an attempt to usurp the Governor’s role as Commander-in-chief of the Oregon National Guard; violation of the administrative Procedure Act; and violation of the Constitution’s Separation of Powers and the militia and Take Care Clauses.
Oregon is asking the court to declare Hegseth’s order unlawful, prevent the federalization of Oregon National Guard troops, and permanently bar the Defense Secretary and the Pentagon from calling upon Oregon national guard members for federal service.
Statements from Key Figures:
White House Spokesperson Abigail Jackson stated to Newsweek: “President Trump is using his lawful authority to direct the National Guard to protect federal assets and personnel in Portland following months of violent riots were officers have been assaulted and doxxed by left-wing rioters. The President’s lawful actions will make Portland safer.”
Oregon Governor Tina Kotek told Newsweek in a statement: “My office is reaching out to the White House and Homeland security for more details.We have been provided no information on the reason or purpose of any military mission. There is no national security threat in Portland. Our communities are safe and calm. I ask Oregonians to stay calm and enjoy a stunning fall day. We will have further comment when we have more information.”
President Donald Trump posted on his Truth Social account: ”At the request of Secretary of Homeland Security, Kristi Noem, I am directing Secretary of War, Pete Hegseth, to provide all necessary Troops to protect War ravaged Portland, and any of our ICE Facilities under siege from attack by Antifa, and other domestic terrorists. I am also authorizing full Force, if necessary. Thank you for yoru attention to this matter!”
Looking Ahead:
The legal battle is expected to unfold over the coming weeks or months, mirroring a similar case brought by California Governor Gavin Newsom. The administration may continue to pursue its plan while the case is pending,unless the court issues a swift ruling.
(Updated 9/28/25, 8:32 p.m. ET with additional comment.)
