The ninth circuit court has upheld a ban on sending national guard in Portland, Oregon, following a recent legal decision.
The federal appeals court decided on this week that it would rehear the case concerning the executive power with an expanded group of eleven justices. The court also vacated a previous ruling from a three-judge panel that had sided with the federal government.
This order represents the most recent development in a protracted legal battle over whether the former president has the authority 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 started in due to months of protests.
The administration has claimed that government employees at the ICE facility in the southern part of the city were facing threats, while city and state officials assert that municipal police have control of the situation.
Contrary to characterizations of Portland as “war ravaged”, residents have been sharing videos of scenic paths and a thriving food scene, and planning events such as an protest bicycle event against the “militarization of our city”.
The Tuesday ruling came after a federal judge in the city issued two temporary restraining orders this period – one preventing the federal control of the state troops, and another stopping the deployment of any military personnel in the state, 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 – permitting control of 200 Oregon national guard – but the subsequent injunction remained in place, preventing the actual deployment of the troops.
The latest ruling means the matter will be heard “en banc” – with both rulings under consideration together – by a panel of eleven justices.
“This decision shows that the truth matters and that the courts are striving to hold this administration accountable. The founding document restricts the executive authority, and Oregon’s communities cannot be treated as a testing site for expansive government power,” stated the state attorney general in a statement.
“The court is sending a definite signal: the president cannot dispatch the military into US cities without cause. We will continue protecting Oregon’s laws, values, and sovereignty as this legal proceeding moves forward and our fight continues in the courts.”
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