The federal appeals court has maintained a prohibition on deploying national guard in Portland, Oregon, following a latest legal decision.
The ninth circuit court of appeals ruled on Tuesday that it would rehear the case concerning the president’s authority with an larger panel of eleven justices. The court also overturned a previous decision from a three-judge panel that had sided with the administration.
This order represents the latest turn in a long-running court case over whether the former president has the legal right and justification to send state military units in the city. Approximately 200 federalized guard members have been in uncertainty since late September when the mobilization attempt was started in response to ongoing demonstrations.
The federal government has argued that government employees at the ICE facility in south Portland were under attack, while local authorities maintain that local officers have command of the circumstances.
In defiance of characterizations of the city as a conflict zone, residents have been sharing videos of lush hiking trails and a vibrant culinary culture, and organizing activities such as an protest bicycle event against the increased military presence.
The appeals court decision came after a federal judge in the city enacted two temporary restraining orders this month – one blocking the federalization of the Oregon national guard, and another prohibiting the use of any national guard troops in Oregon, after efforts to evade the initial injunction by mobilizing out-of-state forces.
On Monday, the appeals court had put the first ruling on hold – permitting command of 200 Oregon national guard – but the subsequent injunction stayed effective, blocking the actual deployment of the troops.
The Tuesday decision means the matter will be heard by the full court – with both rulings under consideration together – by a group of eleven justices.
“This decision demonstrates that facts are important and that the judicial system are working to hold this administration accountable. The constitution limits the executive authority, and Oregon’s communities cannot be treated as a training ground for expansive government power,” stated the state attorney general in a statement.
“The judicial body is sending a clear message: the president cannot dispatch the military into US cities without cause. We will continue protecting Oregon’s laws, principles, and sovereignty as this case moves forward and our legal battle continues in the courts.”
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