State of Oregon v. Trump

FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JAN 8 2026 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT STATE OF OREGON; CITY OF Nos. 25-6268, 25-7194 PORTLAND; STATE OF CALIFORNIA, D.C. No. 3:25-cv-01756-IM Plaintiffs - Appellees, District of Oregon, Portland v. ORDER DONALD J. TRUMP, in his official capacity as President of the United States; PETER HEGSETH, in his official capacity as Secretary of Defense; UNITED STATES DEPARTMENT OF DEFENSE; KRISTI NOEM, in her official capacity as Secretary of Homeland Security; UNITED STATES DEPARTMENT OF HOMELAND SECURITY, Defendants - Appellants. MURGUIA, Chief Judge: On November 19, 2025, this court administratively stayed the district court’s November 7, 2025, permanent injunction to the extent that it enjoins the federalization of the Oregon National Guard. Dkt. No. 96. On December 29, 2025, this court issued an order directing the parties “to confer about the procedural next steps for this appeal” “[i]n light of the United States Supreme Court’s denial of the federal government’s application for a stay in Trump v. Illinois, No. 25A443 (U.S. Dec. 23, 2025).” Dkt. No. 104. The order also directed the parties to “file either: (a) a joint proposal if agreement is reached or (b) separate proposals if no agreement is reached.” Id. The parties filed their separate proposals on January 7, 2026. Dkt. Nos. 106 & 107. Defendants represented that “[w]ithout prejudice to any future arguments Defendants might make in this litigation, Defendants withdraw their request for a stay pending appeal and agree to dissolution of the administrative stay.” Dkt No. 107. Defendants also represented that “Oregon National Guard members are currently in transit to Fort Bliss, Texas, where they will demobilize, and that the demobilization process will take approximately 7-14 days to complete.” The administrative stay entered by this court on November 19, 2025, Dkt. No. 96, is hereby VACATED. 2 25-6268, 25-7194