The ninth circuit court has maintained a prohibition on deploying state troops in Portland, Oregon, after a recent court ruling.
The ninth circuit court of appeals ruled on this week that it would rehear the legal dispute concerning the executive power with an expanded panel of 11 judges. The court also overturned a previous ruling from a three-judge panel that had sided with the federal government.
This legal directive represents the most recent development in a long-running court case over whether the former president has the authority and justification to send state military units in the city. Approximately two hundred troops have been in uncertainty since the end of September when the mobilization attempt was started in response to ongoing demonstrations.
The administration has argued that government employees at the immigration center in the southern part of the city were under attack, while city and state officials maintain that municipal police have control of the situation.
In defiance of characterizations of the city as “war ravaged”, locals have been posting footage of scenic paths and a thriving food scene, 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 month – one blocking the federal control of the state troops, and another prohibiting the deployment of any military personnel in the state, after attempts to circumvent the first order by mobilizing troops from California.
On Monday, the ninth circuit panel had put the first ruling on hold – allowing command of state troops – but the subsequent injunction remained in place, blocking the physical sending of the forces.
The Tuesday decision means the issue will be heard “en banc” – with both rulings under consideration together – by a panel of eleven justices.
“This ruling demonstrates that the truth matters and that the judicial system are striving to hold this administration accountable. The founding document restricts the president’s power, and local populations cannot be treated as a testing site for expansive government power,” stated the legal representative in a official comment.
“The court is sending a clear message: the president cannot send the armed forces into US cities unnecessarily. We will continue defending state legislation, values, and autonomy as this legal proceeding moves forward and our fight continues in the judicial system.”