FILE - The James R. Browning United States Courthouse building, a courthouse for the 9th U.S. Circuit Court of Appeals, is seen in San Francisco on Jan. 8, 2020.
Jeff Chiu / AP
The Trump administration no longer wants to appeal the decision of a federal judge in Oregon that blocked the president from deploying National Guard troops to Portland.
Attorneys for the U.S. Department of Justice told a federal appeals court last week they’re no longer interested in challenging the permanent injunction issued by U.S. District Court Judge Karin J. Immergut, which found the president’s attempt to send troops to Portland violated the Constitution.
Late Thursday, attorneys for Oregon, California and the City of Portland, who had previously won the case, indicated they too were ready to let the case go without a decision from the U.S. Court of Appeals for the 9th Circuit.
A panel of 11 judges had been preparing to hear oral arguments on the case in June in Seattle. For Immergut’s ruling to officially stand, those appellate judges still need to sign off on the Justice Department’s decision to drop the case.
Attorneys for the Trump administration used little more than a single sentence in its filing expressing the federal government’s desire to halt its appeal.
Related: Colleagues say Oregon judge who blocked Trump troop deployment is ‘well-respected’ and ‘has no fear’
The government’s reversal marks the end of a chapter, one that began on Sept. 27 when President Donald Trump announced he was sending 200 National Guard troops to Oregon’s largest city. The idea was to help guard federal properties, particularly the U.S. Immigration and Customs Enforcement facility in Portland that has been the site of ongoing protests.
Legal fights over the president’s domestic military deployment also played out in Los Angeles, Washington D.C. and Chicago, as the president pushed the bounds of executive power in court.
Trump’s efforts ultimately withered in Portland after Immergut found the Trump administration not only violated federal law, but also the 10th Amendment of the U.S. Constitution, one that preserves the rights of the states to hold powers not explicitly given to the federal government.
This is the decision the Trump administration appealed to the 9th Circuit in November. Those judges said that before the appeal moved forward, they wanted to wait to see how a similar case from Illinois would play out at the U.S. Supreme Court.
Several weeks later, they got their answer when the Supreme Court blocked Trump’s efforts to send troops into Chicago.
In the case over Portland, attorneys for Oregon, California and the city indicated they would be willing to sign off on a dismissal too, so long as the 9th Circuit tells Immergut to monitor and enforce the 106-page permanent injunction she issued in November.
“In light of the President’s continued threats to send troops to Portland, the courts must stay involved,” Oregon Attorney General Dan Rayfield said in a statement. “If the Ninth Circuit chooses to dismiss the appeals, it should instruct the district court to keep monitoring and enforcing the permanent injunction in this case — to make sure that the President follows the law.”
Even after the Supreme Court ruling in Illinois, Trump has continued to express his willingness to use the military in American cities, and Portland in particular.
“We can go back,” Trump told reporters about Portland on Jan. 4, while aboard Air Force One. “We’re allowed to go back in.”
