Court to Reconsider Ruling That Allowed Trump to Deploy Troops to Portland

The ninth circuit court has upheld a prohibition on sending state troops in the Oregon city, following a latest court ruling.

Appeals Court Agrees to Reconsider Legal Matter

The federal appeals court decided on Tuesday that it would reexamine the legal dispute concerning the president’s authority with an expanded group of eleven justices. The court also vacated a earlier decision from a three-judge panel that had sided with the administration.

Ongoing Dispute Over Military Presence

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 Portland. Approximately two hundred troops have been in uncertainty since late September when the deployment effort was started in due to months of protests.

Conflicting Arguments

The administration has claimed that government employees at the ICE facility in south Portland were facing threats, while city and state officials maintain that local officers have control of the circumstances.

Contrary to characterizations of Portland as “war ravaged”, residents have been posting videos 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 Tuesday ruling came after a US district judge in the city issued two legal injunctions this month – one blocking the federalization of the state troops, and another prohibiting the use of any national guard troops in Oregon, after attempts to evade the first order by calling up out-of-state forces.

On the previous day, the ninth circuit panel had put the first ruling on hold – permitting control of state troops – but the second ruling remained in place, blocking the physical sending of the forces.

En Banc Review

The latest ruling means the issue will be heard “en banc” – with both rulings under review together – by a group of eleven justices.

“This decision demonstrates that facts are important and that the judicial system are working to ensure government responsibility. The constitution restricts the president’s power, and Oregon’s communities cannot be treated as a training ground for expansive government power,” said the state attorney general in a statement.

“The judicial body is sending a definite signal: the executive leader cannot dispatch the armed forces into American urban areas unnecessarily. We will continue defending Oregon’s laws, values, and autonomy as this legal proceeding moves forward and our legal battle continues in the judicial system.”

Mark Thompson
Mark Thompson

Lena is a professional organizer and minimalist lifestyle coach with over a decade of experience helping people simplify their homes.