The federal appeals court has maintained a ban on deploying state troops in Portland, Oregon, following a recent legal decision.
The ninth circuit court of appeals ruled on this week that it would rehear the legal dispute concerning the president’s authority with an larger group of eleven justices. The judicial body also vacated a earlier decision from a three-judge panel that had sided with the federal government.
This order represents the most recent turn in a protracted legal battle over whether the former president 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 initiated in response to months of protests.
The federal government has argued that government employees at the ICE facility in the southern part of the city were under attack, while city and state officials maintain that local officers have command of the situation.
Contrary to characterizations of the city as “war ravaged”, locals have been posting videos of lush hiking trails and a vibrant culinary culture, and organizing activities such as an Emergency Naked Bike Ride against the “militarization of our city”.
The Tuesday ruling came after a federal judge in the city enacted two temporary restraining orders this period – one preventing the federal control of the state troops, and another prohibiting the deployment of any national guard troops in Oregon, after efforts to circumvent the first order by calling up out-of-state forces.
On Monday, the ninth circuit panel had put the first ruling on hold – permitting command of state troops – but the second ruling stayed effective, preventing the actual deployment of the troops.
The Tuesday decision means the matter will be heard by the full court – with all decisions under review 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 constitution limits the president’s power, and Oregon’s communities cannot be treated as a training ground for unchecked federal authority,” stated the legal representative in a statement.
“The judicial body is sending a clear message: the president cannot send the military into American urban areas unnecessarily. We will continue defending Oregon’s laws, values, and autonomy as this legal proceeding moves forward and our legal battle continues in the courts.”
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