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The federal appeals court has maintained a ban on deploying national guard in Portland, Oregon, following a recent legal decision.

Appeals Court Agrees to Rehear Case

The ninth circuit court of appeals ruled on Tuesday that it would reexamine the legal dispute concerning the executive power with an expanded panel of eleven justices. The court also vacated a earlier decision from a three-judge panel that had supported the administration.

Legal Saga Over Military Presence

This order represents the most recent turn in a long-running court case over whether the administration has the legal right and justification to send state military units in Portland. Approximately two hundred troops have been in limbo since the end of September when the deployment effort was initiated in response to months of protests.

Conflicting Arguments

The federal government has argued that federal officials at the immigration center in south Portland were under attack, while city and state officials maintain that local officers have command of the circumstances.

In defiance of characterizations of the city as “war ravaged”, residents have been posting videos of lush hiking trails and a vibrant culinary culture, and planning events such as an Emergency Naked Bike Ride against the increased military presence.

Court Proceedings

The appeals court decision came after a federal judge in Portland issued two temporary restraining orders this month – one blocking the federal control of the Oregon national guard, and another stopping the use of any military personnel in the state, after attempts to evade the initial injunction by calling up out-of-state forces.

On the previous day, the ninth circuit panel had temporarily suspended the initial decision – allowing command of state troops – but the subsequent injunction stayed effective, preventing the actual deployment of the forces.

Full Panel Consideration

The latest ruling means the matter will be heard by the full court – with all decisions under consideration simultaneously – by a panel of 11 judges.

“This ruling demonstrates that the truth matters 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 training ground for unchecked federal authority,” stated the state attorney general in a official comment.

“The judicial body is sending a clear message: the executive leader cannot send the military into US cities without cause. We will continue defending Oregon’s laws, principles, and sovereignty as this legal proceeding moves forward and our legal battle continues in the judicial system.”