The federal appeals court has upheld a prohibition on sending state troops in Portland, Oregon, following a latest court ruling.
The ninth circuit court of appeals decided on Tuesday that it would rehear the case concerning the president’s authority with an expanded group of 11 judges. The court also overturned a previous decision from a three-judge panel that had sided with the administration.
This legal directive represents the most recent turn in a protracted court case over whether the administration has the legal right and justification to send national guard forces in Portland. Approximately two hundred troops have been in limbo since the end of September when the mobilization attempt was initiated in due to months of protests.
The administration has argued that federal officials 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 descriptions of Portland as a conflict zone, residents have been posting footage of scenic paths and a vibrant culinary culture, and organizing events such as an Emergency Naked Bike Ride against the increased military presence.
The appeals court decision came after a federal judge in Portland enacted two temporary restraining orders this period – one blocking the federalization of the Oregon national guard, and another prohibiting the use of any national guard troops in Oregon, after efforts to circumvent the initial injunction by calling up troops from California.
On the previous day, the ninth circuit panel had temporarily suspended the initial decision – allowing control of 200 Oregon national guard – but the second ruling stayed effective, preventing the physical sending of the troops.
The Tuesday decision means the issue will be heard “en banc” – with both rulings under review simultaneously – by a panel of eleven justices.
“This decision shows that the truth matters and that the judicial system are striving 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 definite signal: the president cannot dispatch the armed forces into American urban areas without cause. We will continue defending Oregon’s laws, values, and autonomy as this legal proceeding progresses and our legal battle continues in the judicial system.”