State of Oregon v. Trump

FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 28 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 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,

---------------------------------------- STATE OF CALIFORNIA,

Intervenor - Pending.

MURGUIA, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 40(c) and Circuit Rule 40-3. The order published at ---F.4th---, 2025 WL 2951371 (9th Cir. Oct. 20, 2025), is vacated.

2 25-6268