🔗 Share this article

The federal appeals court has upheld a prohibition on deploying state troops in Portland, Oregon, after a latest court ruling.

Appeals Court Concurs to Reconsider Case

The ninth circuit court of appeals ruled on this week that it would rehear the case concerning the president’s authority with an expanded panel of 11 judges. The court also vacated a previous decision from a three-judge panel that had supported the administration.

Legal Saga Over Military Presence

This order represents the most recent turn in a long-running court case over whether the administration has the legal right and justification to send state military units in Portland. Approximately 200 federalized guard members have been in limbo since the end of September when the mobilization attempt was initiated in due to months of protests.

Differing Viewpoints

The federal government has argued that federal officials at the ICE facility in south Portland were under attack, while city and state officials maintain that municipal police have command of the situation.

In defiance of descriptions of the city as a conflict zone, residents have been sharing footage of lush hiking trails and a thriving food scene, and organizing events such as an protest bicycle event against the increased military presence.

Court Proceedings

The Tuesday ruling came after a federal judge in the city issued two temporary restraining orders this month – one preventing the federal control of the state troops, and another prohibiting the use of any national guard troops in Oregon, after attempts to evade the initial injunction by calling up out-of-state forces.

On the previous day, the ninth circuit panel had put the first ruling on hold – permitting control of state troops – but the subsequent injunction remained in place, blocking the actual deployment of the forces.

Full Panel Consideration

The latest ruling means the matter will be heard by the full court – with both rulings under consideration simultaneously – by a panel of 11 judges.

“This ruling demonstrates that facts are important and that the courts are working to ensure government responsibility. The constitution limits the president’s power, and Oregon’s communities cannot be treated as a testing site for unchecked federal authority,” said the state attorney general in a official comment.

“The court is sending a clear message: the president cannot dispatch the military into US cities without cause. We will continue defending Oregon’s laws, values, and autonomy as this legal proceeding moves forward and our legal battle continues in the judicial system.”