Judicial Panel to Reconsider Decision That Permitted Trump to Deploy Military Forces to Oregon City

The federal appeals court has maintained a prohibition on sending state troops in Portland, Oregon, after a recent legal decision.

Appeals Court Agrees to Rehear Legal Matter

The ninth circuit court of appeals ruled on this week that it would reexamine the legal dispute concerning the executive power with an larger group of 11 judges. The court also overturned a earlier ruling from a smaller judicial group that had sided with the administration.

Ongoing Dispute Over Military Presence

This order represents the latest development in a protracted court case over whether the administration has the legal right and justification to send national guard forces in the city. Approximately two hundred troops have been in limbo since late September when the deployment effort was initiated in due to months of protests.

Differing Viewpoints

The federal government has claimed that federal officials at the immigration center 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 Portland as a conflict zone, locals have been posting footage of scenic paths and a vibrant culinary culture, and planning events such as an Emergency Naked Bike Ride against the increased military presence.

Recent Legal Actions

The appeals court decision came after a federal judge in the city enacted two legal injunctions this month – one preventing the federal control of the state troops, and another prohibiting the use of any national guard troops in Oregon, after attempts to circumvent the first order by mobilizing out-of-state forces.

On Monday, the appeals court had temporarily suspended the initial decision – permitting command of state troops – but the subsequent injunction remained in place, blocking the physical sending of the troops.

En Banc Review

The latest ruling means the issue will be heard by the full court – with both rulings under consideration simultaneously – by a group of eleven justices.

“This decision demonstrates that facts are important and that the judicial system are working to hold this administration accountable. The founding document limits the president’s power, and Oregon’s communities cannot be treated as a training ground for unchecked federal authority,” stated the state attorney general in a statement.

“The court is sending a definite signal: the executive leader cannot dispatch the armed forces into US cities unnecessarily. We will continue defending Oregon’s laws, values, and sovereignty as this legal proceeding progresses and our fight continues in the courts.”

Jesse Jones
Jesse Jones

Lena Visser is an investigative journalist and storyteller based in Amsterdam, focusing on human interest and social issues.