Court to Reexamine Ruling That Permitted Former President to Deploy Military Forces to Portland
The ninth circuit court has upheld a prohibition on deploying national guard in the Oregon city, after a latest court ruling.
Judicial Panel Concurs to Rehear Case
The ninth circuit court of appeals ruled on Tuesday that it would reexamine the case concerning the president’s authority with an expanded group of eleven justices. The judicial body also vacated a previous decision from a three-judge panel that had sided with the administration.
Ongoing Dispute Over Troop Deployment
This order represents the latest turn in a protracted court case over whether the former president has the authority and justification to deploy state military units in the city. Approximately 200 federalized guard members have been in limbo since the end of September when the deployment effort was initiated in response to ongoing demonstrations.
Differing Viewpoints
The federal government has claimed that government employees at the immigration center in south Portland were facing threats, while city and state officials maintain that municipal police have command of the situation.
In defiance of characterizations of the city as a conflict zone, residents have been sharing footage of lush hiking trails and a vibrant culinary culture, and organizing activities such as an Emergency Naked Bike Ride against the increased military presence.
Recent Legal Actions
The Tuesday ruling came after a federal judge in the city issued two temporary restraining orders this month – one preventing the federal control of the state troops, and another prohibiting the use of any military personnel in Oregon, after efforts to circumvent the initial injunction by calling up troops from California.
On Monday, the appeals court had put the first ruling on hold – allowing command of 200 Oregon national guard – but the subsequent injunction stayed effective, blocking the physical sending of the troops.
En Banc Review
The latest ruling means the matter will be heard “en banc” – with both rulings under consideration together – by a panel of 11 judges.
“This ruling demonstrates that the truth matters and that the courts 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 unchecked federal authority,” stated the legal representative in a statement.
“The court is sending a definite signal: the president cannot dispatch the armed forces into American urban areas unnecessarily. We will continue protecting Oregon’s laws, values, and sovereignty as this legal proceeding moves forward and our fight continues in the courts.”
