The ninth circuit court has maintained a ban on sending national guard in Portland, Oregon, following a latest legal decision.
The federal appeals court decided on this week that it would reexamine the case concerning the executive power with an expanded panel of eleven justices. The judicial body also overturned a previous decision from a three-judge panel that had sided with the administration.
This order represents the most recent turn in a protracted court case over whether the administration has the authority and valid reason to deploy national guard forces in Portland. Approximately two hundred troops have been in limbo since the end of September when the mobilization attempt was started in due to ongoing demonstrations.
The federal government has claimed that government employees at the immigration center in south Portland were facing threats, 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 posting footage of lush hiking trails and a vibrant culinary culture, and organizing activities such as an protest bicycle event against the increased military presence.
The Tuesday ruling came after a federal judge in Portland enacted two temporary restraining orders this period – one blocking the federal control of the Oregon national guard, and another stopping the use of any military personnel in Oregon, after attempts to evade the first order by mobilizing troops from California.
On the previous day, the ninth circuit panel had temporarily suspended the initial decision – permitting command of 200 Oregon national guard – but the subsequent injunction remained in place, preventing the physical sending of the troops.
The Tuesday decision means the matter will be heard by the full court – with both rulings under review simultaneously – by a panel of 11 judges.
“This decision demonstrates that the truth matters and that the courts are working to hold this administration accountable. The founding document limits the executive authority, and local populations cannot be treated as a testing site for unchecked federal authority,” stated the state attorney general in a statement.
“The court is sending a clear message: the executive leader cannot dispatch the military into US cities unnecessarily. We will continue defending Oregon’s laws, principles, and sovereignty as this legal proceeding moves forward and our fight continues in the courts.”
Elara Vance is a Canadian journalist and political analyst with over a decade of experience covering national affairs.