U.S. District Judge Karin Immergut ruled the action was unlawful and unconstitutional, issuing an emergency temporary restraining order to halt the deployment of California’s National Guard. The order also bars the use of troops from any other state or Washington, D.C. in Oregon.
"It appears to violate both 10 U.S.C. §12406 and the Tenth Amendment," Immergut said during the proceeding, according to reporting from Adam Klasfeld of AllRise News.
Immergut also pressed Justice Department attorney Eric Hamilton on why the DOJ continued to pursue troop movements.
"How could bringing in federalized National Guard from California not be in direct contravention of the TRO that I issued yesterday?" she asked.
"You’re an officer of the court. Aren’t defendants circumventing my order?"
DOJ representatives requested a stay, but Immergut denied both the stay and the administrative delay, saying it was an "emergency" and there were no new facts to justify the request to change her previous ruling.
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