The Trump administration remains barred from deploying the national guard in Portland, Oregon, following a federal appeals court ruling.
The ninth circuit court of appeals agreed on Tuesday that it would rehear a case over the president’s authority with a broader court of 11 judges. The appeals court also vacated a ruling from a three-judge panel last week that sided with the Trump administration.
The order is the latest development in a long legal saga over whether Donald Trump has the authority and justification to deploy national guard forces in Portland. The Oregon city has had about 200 federalized guard members in limbo since late September when Trump attempted to mobilize in response to months of protests there.
The federal government has argued that federal officials working at the ICE facility in south Portland were under attack, while city and state officials argue that local officers have control of the situation.
In defiance of Trump’s characterization of Portland as “war ravaged”, locals have been sharing videos of the city’s lush hiking trails and thriving food scene, and drawing up plans for Emergency Naked Bike Ride against “the militarization of our city”.
The appeals court decision on Tuesday came after US district judge Karin Immergut, a Trump appointee in Portland, issued two temporary restraining orders this month – one that blocked the president from federalizing the Oregon national guard, and another stopping him from deploying any national guard troops in Oregon, after Trump tried to evade the first order by calling up troops from California.
On Monday, the ninth circuit panel put the first ruling on hold – allowing Trump to take command of 200 Oregon national guard – but the second ruling remained in place, blocking Trump from actually deploying the troops.
The Tuesday decision means that the issue will be heard “en banc” – with both rulings under consideration together – by a panel of 11 judges.
“This ruling shows the truth matters and that the courts are working to hold this administration accountable. The constitution limits the president’s power, and Oregon’s communities cannot be treated as a training ground for unchecked federal authority,” said Oregon attorney general Dan Rayfield wrote in a statement.
“The court is sending a clear message: the president cannot send the military into US cities unnecessarily. We will continue defending Oregon’s laws, values, and sovereignty as this case moves forward and our fight continues in the courts.”
