Untethered To The Facts

In sum, the President is certainly entitled "a great level of deference," in his determination that he "is unable with the regular forces to execute the laws of the United States." 10 U.S.C. § 12406(3).  But "a great level of deference" is not equivalent to ignoring the facts on the ground.  As the Ninth Circuit articulated, courts must "review the President's determination to ensure that it reflects a colorable assessment of the facts and law within a 'range of honest judgment'".  Here, this Court concludes that the President did not have a "colorable basis" to invoke § 12406(3) to federalize the National Guard because the situation on the ground belied an inability of federal law enforcement officers to execute federal law.  The President's determination was simply untethered to the facts.

-- US District Judge Karin J. Immergut, granting a Temporary Restraining Order against Trump's efforts to deploy National Guard troops to Portland, OR, in State of Oregon, City of Portland v Trump, et al (4 October 2025)