The federal appeals court has maintained a prohibition on deploying national guard in Portland, Oregon, following a recent legal decision.
The ninth circuit court of appeals ruled on Tuesday that it would rehear the legal dispute concerning the president’s authority with an larger panel of eleven justices. The court also overturned a previous ruling from a three-judge panel that had supported the federal government.
This legal directive represents the latest turn in a long-running court case over whether the administration has the legal right and justification to deploy national guard forces in the city. Approximately two hundred troops have been in uncertainty since late September when the deployment effort was initiated in response to ongoing demonstrations.
The federal government has argued that government employees at the ICE facility in the southern part of the city were under attack, while local authorities maintain that municipal police have command of the situation.
In defiance of characterizations of the city as “war ravaged”, locals have been posting footage of lush hiking trails and a thriving food scene, and organizing events such as an Emergency Naked Bike Ride against the “militarization of our city”.
The appeals court decision came after a federal judge in the city issued two legal injunctions this period – one preventing the federal control of the Oregon national guard, and another prohibiting the use of any national guard troops in the state, after efforts to evade the initial injunction by calling up troops from California.
On Monday, the ninth circuit panel had put the first ruling on hold – permitting command of state troops – but the subsequent injunction remained in place, preventing the physical sending of the forces.
The Tuesday decision means the matter will be heard “en banc” – with all decisions under review together – by a panel of eleven justices.
“This ruling demonstrates that the truth matters and that the courts are striving to ensure government responsibility. The constitution restricts the executive authority, and Oregon’s communities cannot be treated as a training ground for unchecked federal authority,” stated the state attorney general in a official comment.
“The judicial body is sending a clear message: the executive leader cannot dispatch the armed forces into US cities without cause. We will continue protecting Oregon’s laws, values, and autonomy as this case moves forward and our legal battle continues in the judicial system.”
Eleanor Hayes is a data scientist and business analyst with over a decade of experience in transforming raw data into actionable insights.