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The ninth circuit court has maintained a prohibition on sending national guard in Portland, Oregon, after a latest court ruling.

Judicial Panel Agrees to Rehear Case

The federal appeals court decided on this week that it would rehear the legal dispute concerning the president’s authority with an larger group of 11 judges. The court also overturned a previous decision from a smaller judicial group that had sided with the federal government.

Ongoing Dispute Over Troop Deployment

This order represents the most recent turn in a protracted court case over whether the administration has the authority and justification to deploy state military units in Portland. Approximately 200 federalized guard members have been in limbo since the end of September when the mobilization attempt was started in due to months of protests.

Differing Viewpoints

The federal government has argued that federal officials at the ICE facility in the southern part of the city were facing threats, while city and state officials maintain that municipal police have control of the circumstances.

Contrary to characterizations of the city as “war ravaged”, residents have been posting videos of scenic paths and a thriving food scene, 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 Portland enacted two legal injunctions this month – one preventing the federal control of the Oregon national guard, and another stopping the use of any national guard troops in Oregon, after attempts to evade the initial injunction by calling up troops from California.

On Monday, the appeals court had temporarily suspended the initial decision – permitting command of 200 Oregon national guard – but the second ruling stayed effective, blocking the physical sending of the troops.

En Banc Review

The latest ruling means the issue will be heard “en banc” – with all decisions under consideration together – by a group of eleven justices.

“This decision shows that the truth matters and that the courts are striving to ensure government responsibility. The founding document restricts the executive authority, and Oregon’s communities cannot be treated as a training ground for unchecked federal authority,” said the state attorney general in a statement.

“The judicial body is sending a definite signal: the president cannot dispatch the armed forces into American urban areas unnecessarily. We will continue protecting state legislation, principles, and autonomy as this case moves forward and our legal battle continues in the judicial system.”