The federal appeals court has upheld a ban on deploying state troops in Portland, Oregon, after a recent legal decision.
The ninth circuit court of appeals decided on this week that it would reexamine the case concerning the executive power with an expanded panel of eleven justices. The court also vacated a previous ruling from a three-judge panel that had sided with the administration.
This order represents the latest turn in a protracted legal battle over whether the administration has the legal right and valid reason to deploy state military units in the city. Approximately two hundred troops have been in uncertainty since the end of September when the deployment effort was started in due to ongoing demonstrations.
The federal government has argued that government employees at the ICE facility in south Portland were facing threats, while local authorities assert that municipal police have control of the circumstances.
Contrary to characterizations of Portland as “war ravaged”, locals have been sharing footage of scenic paths and a thriving food scene, and planning activities such as an Emergency Naked Bike Ride against the “militarization of our city”.
The Tuesday ruling came after a federal judge in Portland issued two legal injunctions this period – one preventing the federalization of the state troops, and another stopping the use of any national guard troops in the state, after efforts to evade the initial injunction by calling up troops from California.
On Monday, the ninth circuit panel had temporarily suspended the initial decision – permitting command of 200 Oregon national guard – but the second ruling stayed effective, preventing the physical sending of the troops.
The latest ruling means the matter will be heard “en banc” – with both rulings under review together – by a panel of eleven justices.
“This decision shows that the truth matters and that the judicial system are striving to hold this administration accountable. The founding document restricts the president’s power, and Oregon’s communities cannot be treated as a testing site for expansive government power,” said the state attorney general in a official comment.
“The court is sending a definite signal: the executive leader cannot dispatch the armed forces into US cities without cause. We will continue defending state legislation, values, and sovereignty as this case moves forward and our fight continues in the judicial system.”
Elena Voss is a tech enthusiast and writer with over a decade of experience in software development and digital media.