The ninth circuit court has upheld a ban on deploying state troops in the Oregon city, after a recent legal decision.
The ninth circuit court of appeals ruled on Tuesday that it would reexamine the case concerning the executive power with an expanded group of 11 judges. The judicial body also vacated a previous ruling from a three-judge panel that had supported the administration.
This order represents the most recent turn in a protracted court case over whether the administration has the legal right and valid reason to send state military units in Portland. Approximately 200 federalized guard members have been in limbo since the end of September when the deployment effort was started in response to months of protests.
The administration has claimed that federal officials at the ICE facility in south Portland were under attack, while city and state officials maintain that local officers have control of the circumstances.
Contrary to descriptions of the city as “war ravaged”, locals have been posting videos of scenic paths and a vibrant culinary culture, and organizing events such as an protest bicycle event against the “militarization of our city”.
The Tuesday ruling came after a US district judge in the city issued two legal injunctions this month – one preventing the federal control of the Oregon national guard, and another prohibiting the use of any military personnel in Oregon, after attempts to circumvent the initial injunction by mobilizing troops from California.
On Monday, the appeals court had put the first ruling on hold – allowing control of 200 Oregon national guard – but the subsequent injunction remained in place, blocking the actual deployment of the troops.
The Tuesday decision means the issue will be heard by the full court – with all decisions under review together – by a panel of 11 judges.
“This ruling shows that the truth matters and that the judicial system are striving to hold this administration accountable. The constitution limits the executive authority, and Oregon’s communities cannot be treated as a training ground for expansive government power,” said the state attorney general in a official comment.
“The court is sending a definite signal: the president cannot dispatch the military into US cities without cause. We will continue defending Oregon’s laws, principles, and autonomy as this legal proceeding moves forward and our fight continues in the judicial system.”
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