The federal appeals court has maintained a ban on deploying national guard in the Oregon city, following a recent legal decision.
The federal appeals court decided on Tuesday that it would rehear the legal dispute concerning the president’s authority with an expanded panel of 11 judges. The judicial body also vacated a previous ruling from a smaller judicial group that had sided with the federal government.
This order represents the latest turn in a protracted legal battle over whether the administration has the legal right and valid reason to deploy national guard forces in the city. Approximately 200 federalized guard members have been in limbo since the end of September when the mobilization attempt was started in due to ongoing demonstrations.
The federal government has claimed that federal officials at the immigration center in south Portland were under attack, while city and state officials assert that local officers have control of the circumstances.
In defiance of characterizations of the city as “war ravaged”, locals have been posting videos of scenic paths and a thriving food scene, and planning events such as an protest bicycle event against the increased military presence.
The Tuesday ruling came after a federal judge in the city issued two legal injunctions this period – one preventing the federalization of the state troops, and another prohibiting the deployment of any military personnel in Oregon, after attempts to circumvent the initial injunction by mobilizing troops from California.
On the previous day, the appeals court had put the first ruling on hold – allowing control of 200 Oregon national guard – but the subsequent injunction stayed effective, preventing the physical sending of the troops.
The Tuesday decision means the issue will be heard by the full court – with all decisions under review simultaneously – by a group of eleven justices.
“This ruling demonstrates that the truth matters and that the courts are striving to ensure government responsibility. The constitution limits the president’s power, and Oregon’s communities cannot be treated as a training ground for expansive government power,” stated the state attorney general in a statement.
“The judicial body is sending a definite signal: the executive leader cannot dispatch the armed forces into US cities unnecessarily. We will continue defending Oregon’s laws, values, and sovereignty as this legal proceeding progresses and our legal battle continues in the judicial system.”