The ninth circuit court has upheld a prohibition on deploying national guard in Portland, Oregon, following a latest legal decision.
The federal appeals court ruled on this week that it would rehear the case concerning the executive power with an larger group of 11 judges. The judicial body also overturned a earlier decision from a smaller judicial group that had supported the federal government.
This order represents the latest development in a long-running legal battle over whether the former president has the legal right and justification to deploy state military units in the city. Approximately 200 federalized guard members have been in limbo since late September when the deployment effort was started in response to months of protests.
The administration has argued that federal officials at the ICE facility in the southern part of the city were facing threats, while city and state officials maintain that local officers have control of the situation.
In defiance of descriptions of Portland as a conflict zone, locals have been posting videos of lush hiking trails and a vibrant culinary culture, and organizing events such as an protest bicycle event against the increased military presence.
The Tuesday ruling came after a federal judge in the city enacted two temporary restraining orders this period – one blocking the federalization of the Oregon national guard, and another stopping the use of any national guard troops in the state, after attempts to circumvent the initial injunction by mobilizing troops from California.
On Monday, the ninth circuit panel had temporarily suspended the initial decision – allowing control of 200 Oregon national guard – but the second ruling stayed effective, blocking 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 11 judges.
“This ruling demonstrates that facts are important and that the courts are working to hold this administration accountable. The constitution limits the executive authority, and local populations cannot be treated as a training ground for unchecked federal authority,” stated the legal representative in a statement.
“The judicial body is sending a clear message: the executive leader cannot send the military into American urban areas without cause. We will continue defending Oregon’s laws, values, and autonomy as this case progresses and our fight continues in the judicial system.”