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The ninth circuit court has upheld a ban on sending national guard in the Oregon city, after a recent court ruling.

Judicial Panel Agrees to Rehear Case

The federal appeals court decided on this week that it would rehear the case concerning the president’s authority with an larger group of 11 judges. The court also vacated a earlier ruling from a three-judge panel that had sided with the federal government.

Ongoing Dispute Over Troop Deployment

This legal directive represents the most recent turn in a long-running court case over whether the administration has the legal right and valid reason to send state military units in Portland. Approximately two hundred troops have been in limbo since the end of September when the mobilization attempt was started in response to ongoing demonstrations.

Differing Viewpoints

The federal government has claimed that government employees at the ICE facility in south Portland were under attack, while local authorities assert that municipal police have control of the circumstances.

Contrary to characterizations of Portland as “war ravaged”, residents have been sharing videos of scenic paths and a thriving food scene, and organizing events such as an Emergency Naked Bike Ride against the increased military presence.

Recent Legal Actions

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 state troops, and another prohibiting the deployment of any military personnel in the state, after attempts to evade the first order by mobilizing troops from California.

On Monday, the ninth circuit panel had put the first ruling on hold – allowing command of 200 Oregon national guard – but the subsequent injunction stayed effective, preventing the actual deployment of the troops.

Full Panel Consideration

The latest ruling means the issue will be heard “en banc” – with both rulings under consideration simultaneously – by a panel of 11 judges.

“This decision shows that the truth matters and that the judicial system are working to ensure government responsibility. The founding document restricts the president’s power, and Oregon’s communities cannot be treated as a training ground for unchecked federal authority,” stated the state attorney general in a statement.

“The court is sending a definite signal: the president cannot send the armed forces into American urban areas without cause. We will continue defending state legislation, principles, and autonomy as this case progresses and our fight continues in the courts.”