🔗 Share this article

The ninth circuit court has upheld a prohibition on deploying national guard in Portland, Oregon, following a recent legal decision.

Appeals Court Concurs to Rehear Legal Matter

The ninth circuit court of appeals ruled on this week that it would rehear the case concerning the president’s authority with an larger group of 11 judges. The judicial body also vacated a earlier decision from a three-judge panel that had supported the administration.

Ongoing Dispute Over Troop Deployment

This legal directive represents the latest development in a protracted legal battle over whether the administration has the authority and justification to deploy state military units in Portland. Approximately 200 federalized guard members have been in uncertainty since the end of September when the deployment effort was started in response to months of protests.

Conflicting Arguments

The federal government has argued that federal officials at the ICE facility in the southern part of the city were under attack, while city and state officials assert that local officers have command of the situation.

In defiance of characterizations of the city as a conflict zone, locals have been posting videos of scenic paths and a thriving food scene, and planning activities such as an Emergency Naked Bike Ride against the “militarization of our city”.

Recent Legal Actions

The appeals court decision came after a US district judge in Portland issued two legal injunctions this period – one blocking the federalization of the state troops, and another stopping the deployment of any national guard troops in Oregon, after attempts to circumvent the initial injunction by mobilizing troops from California.

On the previous day, the appeals court had put the first ruling on hold – permitting control of state troops – but the subsequent injunction stayed effective, preventing the physical sending of the forces.

En Banc Review

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

“This ruling shows that facts are important and that the courts are striving to hold this administration accountable. The constitution limits the president’s power, and local populations cannot be treated as a training ground for expansive government power,” said the state attorney general in a statement.

“The court is sending a clear message: the president cannot dispatch the military into American urban areas without cause. We will continue protecting Oregon’s laws, principles, and autonomy as this legal proceeding progresses and our legal battle continues in the courts.”