Court to Reexamine Ruling That Permitted Former President to Send Military Forces to Oregon City
The federal appeals court has upheld a ban on deploying national guard in Portland, Oregon, following a recent court ruling.
Judicial Panel Concurs to Rehear Case
The ninth circuit court of appeals decided on this week that it would reexamine the legal dispute concerning the president’s authority with an expanded panel of 11 judges. The judicial body also vacated a earlier ruling from a smaller judicial group that had sided with the federal government.
Ongoing Dispute Over Troop Deployment
This order represents the latest development in a protracted court case over whether the administration has the legal right and justification to send state military units in the city. Approximately two hundred troops have been in limbo since the end of September when the deployment effort was started in response to months of protests.
Differing Viewpoints
The administration has claimed that government employees at the immigration center in the southern part of the city were under attack, while local authorities assert that municipal police have control of the situation.
Contrary to descriptions of Portland as a conflict zone, residents have been posting videos of lush hiking trails and a vibrant culinary culture, and organizing activities such as an Emergency Naked Bike Ride against the “militarization of our city”.
Court Proceedings
The appeals court decision came after a US district judge in Portland enacted two legal injunctions this month – one preventing the federalization of the state troops, and another stopping the use of any military personnel in the state, after attempts to evade the first order by calling up out-of-state forces.
On the previous day, 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, preventing the physical sending of the forces.
En Banc Review
The latest ruling means the issue will be heard “en banc” – with all decisions under consideration simultaneously – by a panel of 11 judges.
“This decision demonstrates that facts are important and that the courts are working to hold this administration accountable. The constitution limits the executive authority, and Oregon’s communities cannot be treated as a testing site for unchecked federal authority,” stated the state attorney general in a official comment.
“The court 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 case progresses and our legal battle continues in the judicial system.”
