The ninth circuit court has maintained a ban on deploying national guard in Portland, Oregon, following a latest court ruling.
The federal appeals court ruled on this week that it would rehear the case concerning the executive power with an expanded group of eleven justices. The court also overturned a earlier decision from a smaller judicial group that had supported the administration.
This legal directive represents the latest turn in a protracted court case over whether the administration has the legal right and justification to send national guard forces in the city. Approximately two hundred troops have been in limbo since the end of September when the mobilization attempt was started in response to ongoing demonstrations.
The administration has claimed that government employees at the immigration center in south Portland were under attack, while city and state officials assert that local officers have command of the circumstances.
Contrary to characterizations of Portland as a conflict zone, residents have been posting videos of scenic paths and a thriving food scene, and organizing activities such as an Emergency Naked Bike Ride against the increased military presence.
The Tuesday ruling came after a federal judge in Portland enacted two temporary restraining orders this period – one preventing the federal control of the Oregon national guard, and another stopping the use of any military personnel in the state, after attempts to circumvent the initial injunction by calling up troops from California.
On Monday, the ninth circuit panel had put the first ruling on hold – permitting control of 200 Oregon national guard – but the subsequent injunction remained in place, blocking the physical sending of the troops.
The Tuesday decision means the issue will be heard “en banc” – with all decisions under consideration simultaneously – by a group of 11 judges.
“This ruling demonstrates that the truth matters and that the judicial system are striving to ensure government responsibility. The founding document restricts the president’s power, and Oregon’s communities cannot be treated as a training ground for expansive government power,” stated the legal representative in a official comment.
“The court is sending a clear message: the president cannot dispatch the armed forces into American urban areas without cause. We will continue defending Oregon’s laws, values, and autonomy as this case moves forward and our fight continues in the judicial system.”
Urban planner and writer passionate about sustainable city development and community engagement.