The federal appeals court has maintained a prohibition on sending national guard in Portland, Oregon, after a recent court ruling.
The ninth circuit court of appeals decided on Tuesday that it would reexamine the case concerning the executive power with an larger panel of 11 judges. The court also vacated a earlier decision from a three-judge panel that had supported the administration.
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 two hundred troops have been in uncertainty since the end of September when the deployment effort was initiated in due to ongoing demonstrations.
The administration has argued that government employees at the immigration center in the southern part of the city were facing threats, while city and state officials maintain that municipal police have command of the situation.
In defiance of characterizations of Portland as “war ravaged”, locals have been posting footage 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 legal injunctions this month – one blocking the federal control of the Oregon national guard, and another prohibiting the deployment of any national guard troops in Oregon, after efforts to circumvent the initial injunction by mobilizing troops from California.
On the previous day, the ninth circuit panel had put the first ruling on hold – permitting control of 200 Oregon national guard – but the second ruling stayed effective, preventing the actual deployment of the troops.
The latest ruling means the matter will be heard by the full court – with all decisions under consideration simultaneously – by a group of 11 judges.
“This ruling shows that the truth matters and that the judicial system are striving to hold this administration accountable. The founding document restricts the executive authority, and Oregon’s communities cannot be treated as a testing site for unchecked federal authority,” stated the state attorney general in a statement.
“The court is sending a definite signal: the president cannot dispatch the military into American urban areas without cause. We will continue defending state legislation, principles, and sovereignty as this case moves forward and our fight continues in the courts.”
A London-based tech analyst and writer with over a decade of experience covering digital transformation and startup ecosystems across Europe.