The federal appeals court has maintained a ban on sending national guard in Portland, Oregon, following a recent court ruling.
The ninth circuit court of appeals ruled on this week that it would rehear the case 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 federal government.
This legal directive represents the latest turn in a protracted legal battle over whether the former president has the legal right and justification to deploy state military units in Portland. Approximately two hundred troops have been in uncertainty since late September when the mobilization attempt was initiated in due to ongoing demonstrations.
The federal government has claimed that government employees at the ICE facility in the southern part of the city were under attack, while city and state officials assert that municipal police have command of the circumstances.
Contrary to descriptions of Portland as “war ravaged”, residents have been posting videos of lush hiking trails and a thriving food scene, and organizing activities such as an Emergency Naked Bike Ride against the “militarization of our city”.
The Tuesday ruling came after a US district judge in the city enacted two temporary restraining orders this month – one blocking the federalization of the Oregon national guard, and another stopping the use of any national guard troops in the state, after attempts to evade the first order by mobilizing out-of-state forces.
On the previous day, the ninth circuit panel had temporarily suspended the initial decision – allowing command 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 “en banc” – with both rulings under consideration simultaneously – by a panel of 11 judges.
“This decision shows that the truth matters and that the courts are striving to hold this administration accountable. The constitution restricts 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 official comment.
“The judicial body is sending a clear message: the president cannot dispatch the military into US cities without cause. We will continue protecting Oregon’s laws, principles, and sovereignty as this case progresses and our legal battle continues in the judicial system.”
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Gina Silva
Gina Silva
Gina Silva
Gina Silva
Gina Silva