Court to Reconsider Decision That Allowed Trump to Send Military Forces to Portland

The ninth circuit court has maintained a ban on sending state troops in the Oregon city, after a latest court ruling.

Appeals Court Agrees to Rehear Case

The ninth circuit court of appeals decided on this week that it would rehear the legal dispute concerning the executive power with an expanded panel of 11 judges. The court also overturned a earlier ruling from a three-judge panel that had sided with the federal government.

Legal Saga Over Troop Deployment

This legal directive represents the most recent turn in a long-running court case over whether the former president has the legal right and valid reason to deploy national guard forces in the city. Approximately two hundred troops have been in limbo since the end of September when the mobilization attempt was started in response to ongoing demonstrations.

Differing Viewpoints

The administration has claimed that government employees at the immigration center in south Portland were under attack, while local authorities assert that municipal police have command of the situation.

Contrary to descriptions of Portland as “war ravaged”, residents have been sharing videos of scenic paths and a thriving food scene, and planning events such as an Emergency Naked Bike Ride against the increased military presence.

Court Proceedings

The Tuesday ruling came after a federal judge in Portland enacted two legal injunctions this period – one blocking the federal control of the Oregon national guard, and another prohibiting the deployment of any national guard troops in Oregon, after attempts to evade the initial injunction by mobilizing out-of-state forces.

On the previous day, the ninth circuit panel had put the first ruling on hold – allowing control of 200 Oregon national guard – but the subsequent injunction stayed effective, blocking the actual deployment 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 panel of eleven justices.

“This decision demonstrates that facts are important and that the courts are working to ensure government responsibility. The founding document 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 official comment.

“The judicial body is sending a clear message: the executive leader cannot send the armed forces into US cities without cause. We will continue defending Oregon’s laws, principles, and autonomy as this case progresses and our legal battle continues in the courts.”

Daniel Lam
Daniel Lam

A freelance journalist specializing in contemporary arts and digital culture, based in London.