October 3, 2025

Judge steps aside in Oregon National Guard dispute

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U.S. District Judge Michael Simon stepped down from overseeing a lawsuit challenging President Trump's National Guard deployment to Portland just hours before a critical hearing.

Simon recused himself on Thursday after the Justice Department raised concerns about his marriage to Rep. Suzanne Bonamici (D-Ore.), who has publicly opposed the military deployment, according to The Hill. The recusal came one day before Simon was scheduled to hold a hearing on Oregon's request to temporarily block the deployment.

The Obama-appointed judge stated he did not believe recusal was legally required but chose to step aside to maintain focus on constitutional issues. The case was randomly reassigned to U.S. District Judge Karin Immergut, a Trump appointee.

Justice Department Raises Conflict Concerns

The Justice Department filed a motion requesting Simon's recusal due to his marital relationship with the Democratic congresswoman. Federal attorneys argued that Simon's marriage to Bonamici could create an appearance of partiality in the proceedings.

"To be sure, Defendants recognize that Judge Simon and Representative Bonamici speak for themselves, not for each other," the Justice Department stated in their motion. However, they contended that "the unique factual, legal and political role that Judge Simon's spouse has played in the central events of this lawsuit may create the appearance of partiality."

The government expressed concern that the judge's family connection could undermine public confidence in the judicial proceedings. Their motion emphasized the need for maintaining impartiality in such politically sensitive cases.

Congresswoman's Opposition to Deployment

Rep. Bonamici represents a district spanning from Portland's western suburbs to the Oregon coastline. She has been vocal in her opposition to Trump's National Guard deployment to her state.

The congresswoman spoke at a press conference alongside Oregon's governor, criticizing the military action. She also used social media platforms to express her disapproval of the federal deployment.

"It's absurd that Trump is spending an expected $3.8 million to deploy the National Guard to Portland, especially during a government shutdown and when families are struggling to pay for health care, housing, and groceries," Bonamici stated. Her criticism focused on both the financial cost and timing of the deployment.

Judge's Voluntary Recusal Decision

Simon acknowledged the Justice Department's concerns but maintained that recusal was not legally mandated under federal law. He also noted that the Code of Conduct for United States Judges did not require his removal from the case.

"Although the Court does not believe that recusal is required under either federal law or the Code of Conduct for United States Judges, because it is necessary that the focus of this lawsuit remain on the critically important constitutional and statutory issues presented by the parties, the undersigned U.S. District Judge hereby recuses himself," Simon wrote. His decision prioritized the integrity of the legal proceedings over personal considerations.

The timing of Simon's recusal created immediate logistical challenges for the court system. With the hearing scheduled for the following day, court officials had to quickly reassign the case to ensure continuity.

Case Background and Reassignment

Oregon and Portland filed their lawsuit over the weekend following the Defense Department's authorization of 200 National Guard members to Portland. The legal challenge sought to halt what state officials viewed as federal overreach.

This Portland deployment represents part of a broader pattern of National Guard activations authorized by Trump. Previous deployments included forces sent to Washington, D.C., and Los Angeles under similar circumstances.

Judge Immergut now inherits responsibility for the case as it moves forward with critical constitutional questions. The random reassignment process ensured fairness in selecting Simon's replacement for this high-profile litigation.

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