FIGHTING THE ABUSE OF MILITARY POWER

THE IMPACT

The Trump administration is escalating its authoritarian use of the military on U.S. soil – this time, ordering the deployment of National Guard troops into Portland against the will of the state of Oregon. The case will help define the limits of the President’s domestic military power.

THE BRIEF

In September 2025, President Trump ordered the deployment of National Guard troops to the streets of Portland over the strong objections of the governor of Oregon. In Oregon  v. Trump, the state of Oregon is suing to fight this unlawful domestic deployment

On behalf of a high-profile group of 26 bipartisan former governors, Free + Fair filed a friend-of-the-court brief urging the court to grant a rehearing of the case in front of the full panel of judges in the Ninth Circuit Court of Appeals.

“If anything, the hasty federalization of the National Guard without consultation and cooperation from state authorities likely exacerbated tensions in Portland and thereby increased the risk to civilians and law enforcement officers alike,” the governors told the court.

On October 28, 2025, the court granted a rehearing of the case in front of the full panel of judges in the Ninth Circuit Court of Appeals, as we argued for in our brief.

THE TEAM

Free + Fair is working pro bono with Governors Action Alliance, Joseph Baio, and Bradley Bernstein Sands LLP on behalf of the bipartisan former governors.

THE GOVERNORS

• Jerry Brown, Governor of California from 1975 to 1983 and 2011 to 2019.
• Steve Bullock, Governor of Montana from 2013 to 2021.
• Arne Carlson, Governor of Minnesota from 1991 to 1999.
• Mark Dayton, Governor of Minnesota from 2011 to 2019.
• Jim Doyle, Governor of Wisconsin from 2003 to 2011.
• Parris Glendening, Governor of Maryland from 1995 to 2003.
• Jennifer Granholm, Governor of Michigan from 2003 to 2011.
• Bill Graves, Governor of Kansas from 1995 to 2003.
• Christine Gregoire, Governor of Washington from 2005 to 2013.
• Jay Inslee, Governor of Washington from 2013 to 2025.
• Tony Knowles, Governor of Alaska from 1994 to 2002.
• Gary Locke, Governor of Washington from 1997 to 2005.
• Terry McAuliffe, Governor of Virginia from 2014 to 2018.
• Janet Napolitano, Governor of Arizona from 2003 to 2009.
• Martin O’Malley, Governor of Maryland from 2007 to 2015.
• Deval Patrick, Governor of Massachusetts from 2007 to 2015.
• Marc Racicot, Governor of Montana from 1993 to 2001.
• Bill Ritter Jr., Governor of Colorado from 2007 to 2011.
• Kathleen Sebelius, Governor of Kansas from 2003 to 2009.
• Steve Sisolak, Governor of Nevada from 2019 to 2023.
• Eliot Spitzer, Governor of New York from 2007 to 2008.
• Ted Strickland, Governor of Ohio from 2007 to 2011.
• Tom Vilsack, Governor of Iowa from 1999 to 2007.
• Bill Weld, Governor of Massachusetts from 1991 to 1997.
• Christine Todd Whitman, Governor of New Jersey from 1994 to 2001.
• Tom Wolf, Governor of Pennsylvania from 2015 to 2023.