🔗 Share this article

The ninth circuit court has maintained a ban on deploying national guard in Portland, Oregon, following a recent court ruling.

Appeals Court Concurs to Rehear Case

The federal appeals court decided on Tuesday that it would reexamine the case concerning the executive power with an larger panel of eleven justices. The court also vacated a earlier decision from a smaller judicial group that had sided with the administration.

Ongoing Dispute Over Military Presence

This legal directive represents the most recent turn in a protracted court case over whether the administration has the authority and justification to send state military units in Portland. Approximately 200 federalized guard members have been in uncertainty since late September when the mobilization attempt was initiated in response to months of protests.

Conflicting Arguments

The federal government has argued that federal officials at the ICE facility in south Portland were facing threats, while local authorities assert that municipal police have command of the circumstances.

In defiance of characterizations of the city as “war ravaged”, locals have been sharing videos of lush hiking trails and a vibrant culinary culture, and organizing activities such as an Emergency Naked Bike Ride against the increased military presence.

Court Proceedings

The appeals court decision came after a US district judge in the city enacted two temporary restraining orders this period – one preventing the federalization of the Oregon national guard, and another stopping the use of any military personnel in Oregon, after efforts to evade the first order by calling up out-of-state forces.

On Monday, the appeals court had put the first ruling on hold – permitting control of state troops – but the second ruling stayed effective, preventing the actual deployment of the forces.

En Banc Review

The latest ruling means the matter will be heard “en banc” – with all decisions under consideration together – by a panel of 11 judges.

“This decision demonstrates that the truth matters and that the courts are working to ensure government responsibility. The founding document limits 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 official comment.

“The judicial body is sending a clear message: the executive leader cannot send the military into US cities without cause. We will continue defending state legislation, principles, and sovereignty as this case progresses and our fight continues in the judicial system.”