Court to Reexamine Ruling That Permitted Trump to Deploy Troops to Portland

The ninth circuit court has maintained a prohibition on sending national guard in the Oregon city, following a latest court ruling.

Appeals Court Agrees to Rehear Case

The ninth circuit court of appeals ruled on this week that it would reexamine the case concerning the president’s authority with an expanded panel of eleven justices. The court also vacated a previous decision 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 legal battle over whether the administration has the authority and justification to deploy national guard forces in the city. Approximately two hundred troops have been in limbo since late September when the mobilization attempt was initiated in due to months of protests.

Differing Viewpoints

The administration has argued that federal officials at the ICE facility in the southern part of the city were under attack, while city and state officials assert that municipal police have command of the situation.

Contrary to characterizations of the city as a conflict zone, locals have been sharing videos of scenic paths and a thriving food scene, and planning events 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 the city enacted two temporary restraining orders this period – one preventing the federal control of the Oregon national guard, and another prohibiting the deployment of any national guard troops in the state, after efforts to circumvent the first order by calling up troops from California.

On the previous day, the ninth circuit panel had temporarily suspended the initial decision – permitting command of 200 Oregon national guard – but the subsequent injunction remained in place, blocking the physical sending of the forces.

En Banc Review

The Tuesday decision means the matter will be heard by the full court – with all decisions under review together – by a group of 11 judges.

“This ruling demonstrates that facts are important and that the judicial system are working to hold this administration accountable. The constitution restricts the president’s power, and local populations cannot be treated as a testing site for unchecked federal authority,” stated the state attorney general in a statement.

“The judicial body is sending a clear message: the executive leader cannot send the military into American urban areas without cause. We will continue defending state legislation, values, and autonomy as this legal proceeding moves forward and our legal battle continues in the courts.”

Geoffrey Taylor
Geoffrey Taylor

A passionate gaming journalist and entertainment critic with over a decade of experience covering indie games and digital culture.