The federal appeals court has maintained a ban on sending national guard in Portland, Oregon, after a recent legal decision.
The ninth circuit court of appeals decided on Tuesday that it would rehear the case concerning the president’s authority with an larger panel of eleven justices. The judicial body also vacated a previous ruling from a three-judge panel that had sided with the administration.
This order represents the most recent development in a long-running court case over whether the former president has the legal right and valid reason to send national guard forces in Portland. Approximately 200 federalized guard members have been in limbo since late September when the deployment effort was initiated in response to months of protests.
The administration has claimed that government employees at the ICE facility in south Portland were under attack, while city and state officials maintain that municipal police have control of the situation.
In defiance of descriptions 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 Emergency Naked Bike Ride against the increased military presence.
The appeals court decision came after a US district judge in the city issued two legal injunctions this period – one blocking the federal control of the Oregon national guard, and another stopping the deployment of any national guard troops in the state, after attempts to evade the initial injunction by calling up out-of-state forces.
On Monday, the appeals court had temporarily suspended the initial decision – allowing command of state troops – but the second ruling remained in place, preventing the physical sending of the troops.
The latest ruling means the issue will be heard “en banc” – with both rulings under consideration together – by a group of eleven justices.
“This ruling shows that facts are important and that the judicial system are striving to ensure government responsibility. The constitution limits 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 official comment.
“The judicial body is sending a clear message: the president cannot dispatch the military into US cities without cause. We will continue defending Oregon’s laws, principles, and sovereignty as this case moves forward and our legal battle continues in the judicial system.”
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