The ninth circuit court has maintained a ban on deploying state troops in Portland, Oregon, following a latest court ruling.
The ninth circuit court of appeals decided on Tuesday that it would reexamine the case concerning the executive power with an expanded panel of 11 judges. The judicial body also overturned a previous decision from a smaller judicial group that had sided with the federal government.
This order represents the latest development in a protracted court case over whether the administration has the legal right and justification to deploy national guard forces in the city. Approximately 200 federalized guard members have been in uncertainty since late September when the deployment effort was initiated in response to ongoing demonstrations.
The federal government has argued that government employees at the immigration center in the southern part of the city were facing threats, while city and state officials maintain that municipal police have command of the situation.
In defiance of descriptions of the city as a conflict zone, residents have been sharing videos of lush hiking trails and a thriving food scene, and organizing events such as an protest bicycle event against the “militarization of our city”.
The Tuesday ruling came after a US district judge in the city enacted two temporary restraining orders this month – one blocking the federalization of the state troops, and another stopping the deployment of any national guard troops in the state, after efforts to evade the first order by calling up troops from California.
On the previous day, the appeals court had temporarily suspended the initial decision – permitting command of 200 Oregon national guard – but the second ruling remained in place, blocking the physical sending of the forces.
The latest ruling means the matter will be heard “en banc” – with all decisions under consideration simultaneously – by a group of eleven justices.
“This decision demonstrates that the truth matters and that the judicial system are working to ensure government responsibility. The founding document restricts the executive authority, and local populations cannot be treated as a training ground for unchecked federal authority,” said the state attorney general in a official comment.
“The court is sending a definite signal: the executive leader cannot send the military into American urban areas unnecessarily. We will continue defending Oregon’s laws, values, and sovereignty as this case progresses and our fight continues in the courts.”
Lena is a tech journalist based in Zurich, specializing in digital transformation and startup ecosystems across Europe.
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Noah Williams
Noah Williams
Noah Williams
Noah Williams