Update

On 9/28/25, the plaintiff states filed their complaint.

The plaintiff filed a motion for a temporary restraining order (TRO). The motion seeks to immediately block the September 28 memorandum from Secretary Hegseth, which federalizes and deploys 200 members of the Oregon National Guard to Portland.

On 10/4/25, the district court issued a TRO order and opinion enjoining federalization and deployment of Oregon National Guard troops.

On 10/5/25, plaintiffs amended their complaint to add the State of California as an additional plaintiff. That same day plaintiffs moved for—and received—a second TRO barring the federal defendants from deploying any National Guard troops to Oregon. Also on 10/5/25, defendants appealed the first TRO and filed a motion to stay the TRO pending appeal.

On Thursday 10/9, a three-judge panel of Ninth Circuit judges heard oral arguments from the parties on the government’s motion to stay the TRO, pending appeal.

On Wednesday 10/15, the federal district court held a telephonic scheduling conference and (a) extended both TROs and (b) confirmed the currently-scheduled October 29 expedited trial date.

• On Monday 10/20, the Ninth Circuit ruled 2-1 to grant the government’s motion to stay the first TRO. The dissenting judgeurged the full Ninth Circuit to “act swiftly” en banc “to vacate the majority’s order before the illegal deployment of troops under false pretenses can occur.” Another Ninth Circuit judge called for the Ninth Circuit to vote on whether to take the case en banc, with briefs due on 10/22.

On 10/21/25, the Ninth Circuit issued a decision staying the first TRO; a Ninth Circuit judge called for an en banc vote the same day. Also on 10/21/25, the government moved to dissolve the second TRO. An expedited trial on the merits is scheduled to begin on 10/29/25.

On Friday 10/24 in the morning, the district court judge held a telephonic hearing on the motion to dissolve the second TRO and took it under advisement. Late in the afternoon, the Ninth Circuit issued an administrative stay pausing the three-judge panel’s order on our first TRO until Tuesday 10/28 so they can complete their en banc vote, deciding whether the full court will hear the case.

On 10/28/25, the Ninth Circuit granted en banc review and vacated its prior stay decision. An expedited trial on the merits is scheduled to begin on 10/29/25.