The federal appeals court has upheld a prohibition on sending national guard in the Oregon city, following a recent legal decision.
The federal appeals court ruled on Tuesday that it would rehear the case concerning the president’s authority with an larger panel of 11 judges. The judicial body also overturned a previous decision from a three-judge panel that had supported the federal government.
This order represents the latest development in a protracted court case over whether the former president has the legal right and valid reason to send national guard forces in the city. Approximately 200 federalized guard members have been in limbo since late September when the mobilization attempt was initiated in due to ongoing demonstrations.
The administration has claimed that government employees at the ICE facility in south Portland were facing threats, while city and state officials assert that municipal police have command of the circumstances.
Contrary to descriptions of the city as “war ravaged”, locals have been sharing footage of scenic paths and a vibrant culinary culture, and organizing events such as an Emergency Naked Bike Ride against the increased military presence.
The appeals court decision came after a US district judge in Portland issued two temporary restraining orders this period – one preventing the federal control of the Oregon national guard, and another stopping the deployment of any military personnel in Oregon, after efforts to evade the first order by calling up out-of-state forces.
On Monday, the ninth circuit panel had put the first ruling on hold – allowing control of state troops – but the second ruling remained in place, preventing the actual deployment of the forces.
The Tuesday decision means the matter will be heard by the full court – with both rulings under review together – by a panel of 11 judges.
“This ruling demonstrates that the truth matters and that the judicial system are working to hold this administration accountable. The constitution restricts the president’s power, and Oregon’s communities cannot be treated as a training ground for expansive government power,” said the state attorney general in a statement.
“The judicial body is sending a clear message: the executive leader cannot send the military into US cities without cause. We will continue defending state legislation, values, and autonomy as this case moves forward and our fight continues in the judicial system.”
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