Court to Reconsider Ruling That Permitted Former President to Send Military Forces to Portland

The ninth circuit court has maintained a prohibition on deploying state troops in the Oregon city, after a recent court ruling.

Judicial Panel Concurs to Rehear Case

The ninth circuit court of appeals ruled on Tuesday that it would rehear the case concerning the president’s authority with an expanded group of 11 judges. The judicial body also overturned a earlier decision from a smaller judicial group that had sided with the federal government.

Ongoing Dispute Over Troop Deployment

This order represents the latest turn in a protracted court case over whether the administration has the legal right and justification to deploy national guard forces in the city. Approximately 200 federalized guard members have been in limbo since the end of September when the deployment effort was started in due to ongoing demonstrations.

Conflicting Arguments

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

In defiance of descriptions of Portland as “war ravaged”, residents have been sharing videos of lush hiking trails and a thriving food scene, and planning activities such as an Emergency Naked Bike Ride against the increased military presence.

Court Proceedings

The Tuesday ruling came after a federal judge in Portland issued two legal injunctions this month – one preventing the federal control of the state troops, and another stopping the deployment of any national guard troops in Oregon, after efforts to evade the initial injunction by mobilizing troops from California.

On the previous day, the appeals court had put the first ruling on hold – permitting command of 200 Oregon national guard – but the second ruling stayed effective, blocking the actual deployment of the forces.

En Banc Review

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

“This decision shows that the truth matters and that the courts are striving to ensure government responsibility. The constitution limits 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 court is sending a clear message: the executive leader cannot send the military into American urban areas unnecessarily. We will continue protecting state legislation, values, and autonomy as this legal proceeding moves forward and our fight continues in the judicial system.”

Joshua Thomas
Joshua Thomas

A productivity coach and author with over a decade of experience helping professionals optimize their workflows and achieve their goals.