Court to Reexamine Ruling That Permitted Former President to Send Troops to Portland
The federal appeals court has upheld a prohibition on sending state troops in Portland, Oregon, following a latest court ruling.
Judicial Panel Concurs to Rehear Case
The federal appeals court ruled on this week that it would reexamine the legal dispute concerning the executive power with an larger group of 11 judges. The judicial body also vacated a previous decision from a three-judge panel that had sided with the administration.
Legal Saga Over Military Presence
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 Portland. Approximately 200 federalized guard members have been in limbo since late September when the deployment effort was started in response to ongoing demonstrations.
Conflicting Arguments
The federal government has claimed that federal officials at the immigration center in south Portland were facing threats, while city and state officials assert that municipal police have control of the circumstances.
In defiance of descriptions of Portland as “war ravaged”, residents have been sharing videos of lush hiking trails and a thriving food scene, and planning events such as an Emergency Naked Bike Ride against the increased military presence.
Court Proceedings
The Tuesday ruling came after a US district judge in Portland issued two temporary restraining orders this month – one preventing the federal control of the Oregon national guard, and another prohibiting the deployment of any national guard troops in the state, after attempts to circumvent the initial injunction by calling up out-of-state forces.
On Monday, the ninth circuit panel had put the first ruling on hold – allowing control of state troops – but the subsequent injunction remained in place, preventing the actual deployment of the troops.
Full Panel Consideration
The Tuesday decision means the matter will be heard “en banc” – with both rulings under consideration together – by a group of 11 judges.
“This decision demonstrates that the truth matters and that the courts are striving to ensure government responsibility. The founding document limits the executive authority, and local populations cannot be treated as a training ground for unchecked federal authority,” stated the state attorney general in a statement.
“The judicial body is sending a definite signal: the president cannot send the armed forces into American urban areas without cause. We will continue protecting state legislation, principles, and autonomy as this legal proceeding moves forward and our fight continues in the courts.”