The federal appeals court has upheld a prohibition on deploying national guard in the Oregon city, after a latest court ruling.
The ninth circuit court of appeals decided on Tuesday that it would rehear the legal dispute concerning the executive power with an larger panel of 11 judges. The court also vacated a earlier ruling from a smaller judicial group that had sided with the administration.
This legal directive represents the most recent turn in a long-running court case over whether the administration has the legal right and valid reason to send national guard forces in the city. Approximately two hundred troops have been in uncertainty since the end of September when the mobilization attempt was started in due to ongoing demonstrations.
The administration has argued that federal officials at the immigration center in south Portland were facing threats, while local authorities assert that local officers have command of the circumstances.
Contrary to descriptions of Portland as “war ravaged”, residents have been posting videos of scenic paths and a thriving food scene, and planning activities such as an Emergency Naked Bike Ride against the “militarization of our city”.
The appeals court decision came after a US district judge in the city enacted two legal injunctions this period – one preventing the federal control of the Oregon national guard, and another stopping the use of any national guard troops in Oregon, after efforts to evade the initial injunction by calling up out-of-state forces.
On Monday, the ninth circuit panel had put the first ruling on hold – allowing command of 200 Oregon national guard – but the second ruling remained in place, preventing the physical sending of the forces.
The latest ruling means the issue will be heard “en banc” – with both rulings under consideration together – by a panel of 11 judges.
“This ruling demonstrates that facts are important and that the courts are working to ensure government responsibility. The founding document limits the executive authority, and local populations cannot be treated as a testing site for expansive government power,” said the state attorney general in a statement.
“The judicial body is sending a clear message: the executive leader cannot dispatch the armed forces into US cities unnecessarily. We will continue protecting Oregon’s laws, principles, and sovereignty as this legal proceeding moves forward and our fight continues in the courts.”
Maya Chen is a venture capital analyst with over a decade of experience in tech startups and investment strategy, specializing in emerging markets.