The federal appeals court has upheld a ban on deploying state troops in the Oregon city, following a recent legal decision.
The ninth circuit court of appeals decided on this week that it would rehear the legal dispute concerning the executive power with an larger group of 11 judges. The court also vacated a earlier ruling from a smaller judicial group that had sided with the administration.
This order represents the latest turn in a protracted legal battle over whether the administration has the authority and valid reason to deploy state military units in Portland. Approximately 200 federalized guard members have been in limbo since late September when the mobilization attempt was started in due to ongoing demonstrations.
The federal government has argued that government employees at the ICE facility in south Portland were facing threats, while local authorities assert that municipal police have control of the situation.
Contrary to descriptions of Portland as a conflict zone, residents have been sharing videos of lush hiking trails and a vibrant culinary culture, and organizing events such as an Emergency Naked Bike Ride against the increased military presence.
The appeals court decision came after a federal judge in Portland issued two temporary restraining orders this period โ one preventing the federal control of the Oregon national guard, and another prohibiting the use of any national guard troops in Oregon, after efforts to evade the initial injunction by mobilizing out-of-state forces.
On Monday, the ninth circuit panel had put the first ruling on hold โ permitting control of state troops โ but the subsequent injunction remained in place, preventing the actual deployment of the troops.
The Tuesday decision means the matter will be heard by the full court โ with all decisions under review simultaneously โ by a panel of eleven justices.
โThis decision shows that the truth matters and that the judicial system are working to hold this administration accountable. The constitution limits the executive authority, and Oregonโs communities cannot be treated as a testing site for unchecked federal authority,โ said the state attorney general in a statement.
โThe judicial body is sending a clear message: the president cannot dispatch the military into American urban areas without cause. We will continue protecting Oregonโs laws, principles, and autonomy as this case progresses and our legal battle continues in the courts.โ
Layla is a seasoned journalist with over a decade of experience in Middle Eastern affairs, specializing in economic and social developments.