Trump

FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 20 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

STATE OF OREGON; CITY OF No. 25-6268 PORTLAND, D.C. No. 3:25-cv-01756-IM District of Oregon, Plaintiffs - Appellees, 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.

Before: Susan P. Graber, Ryan D. Nelson, and Bridget S. Bade, Circuit Judges. Concurrence by Judge R. Nelson; Dissent by Judge Graber.

PER CURIAM:

Defendants-Appellants, President Donald J. Trump, Secretary of Defense

Peter Hegseth, and Secretary of Homeland Security Kristi Noem, in their official

capacities, the Department of Defense (DoD), and the Department of Homeland

Security (DHS) (collectively, Defendants), seek an emergency…