The federal appeals court has maintained a ban on deploying state troops in Portland, Oregon, after a latest legal decision.
The ninth circuit court of appeals ruled on Tuesday that it would reexamine the legal dispute concerning the president’s authority with an larger group of eleven justices. The judicial body also overturned a previous ruling from a three-judge panel that had sided with the federal government.
This order represents the latest turn in a protracted legal battle over whether the former president has the legal right and justification to deploy national guard forces in Portland. Approximately two hundred troops have been in limbo since the end of September when the mobilization attempt was started in due to months of protests.
The federal government has argued that government employees at the immigration center in south Portland were facing threats, while city and state officials maintain that local officers have control of the situation.
Contrary to characterizations of the city as “war ravaged”, residents have been sharing videos of scenic paths and a thriving food scene, and planning activities such as an protest bicycle event against the increased military presence.
The Tuesday ruling came after a federal judge in Portland issued two legal injunctions this period – one blocking the federalization of the state troops, and another prohibiting the use of any military personnel in Oregon, after efforts to evade the first order by calling up troops from California.
On Monday, the appeals court had put the first ruling on hold – allowing command of state troops – but the second ruling remained in place, preventing the physical sending of the troops.
The Tuesday decision means the issue will be heard “en banc” – with both rulings under review together – by a panel of 11 judges.
“This ruling shows that the truth matters and that the judicial system are striving to ensure government responsibility. The constitution limits the president’s power, and Oregon’s communities cannot be treated as a testing site for expansive government power,” said the legal representative in a official comment.
“The judicial body is sending a definite signal: the president cannot send the armed forces into American urban areas without cause. We will continue protecting Oregon’s laws, principles, and autonomy as this case progresses and our legal battle continues in the judicial system.”