The ninth circuit court has upheld a ban on deploying national guard in Portland, Oregon, after a recent court ruling.
The federal appeals court ruled on Tuesday that it would rehear the case concerning the president’s authority with an larger panel of 11 judges. The judicial body also overturned a previous ruling from a smaller judicial group that had sided with the federal government.
This legal directive represents the most recent development in a protracted legal battle over whether the administration has the legal right and justification to send state military units in the city. Approximately two hundred troops have been in uncertainty since the end of September when the mobilization attempt was started in due to ongoing demonstrations.
The administration has claimed that government employees at the ICE facility in south Portland were facing threats, while local authorities assert that municipal police have control of the situation.
In defiance of characterizations of Portland as “war ravaged”, residents have been sharing footage of scenic paths and a vibrant culinary culture, and organizing events such as an Emergency Naked Bike Ride against the “militarization of our city”.
The Tuesday ruling came after a US district judge in Portland enacted two temporary restraining orders this period – one blocking the federal control of the Oregon national guard, and another prohibiting the use of any military personnel in the state, after efforts to circumvent the initial injunction by mobilizing out-of-state forces.
On the previous day, the appeals court had temporarily suspended the initial decision – allowing command of state troops – but the subsequent injunction remained in place, preventing the physical sending of the troops.
The Tuesday decision means the matter will be heard by the full court – with both rulings under consideration simultaneously – by a group of eleven justices.
“This decision shows that the truth matters and that the judicial system are working to hold this administration accountable. The constitution restricts the executive authority, and Oregon’s communities cannot be treated as a testing site for expansive government power,” stated the state attorney general in a statement.
“The judicial body is sending a clear message: the president cannot send the military into American urban areas without cause. We will continue protecting state legislation, values, and autonomy as this case progresses and our legal battle continues in the judicial system.”