Court to Reexamine Ruling That Permitted Former President to Send Troops to Portland

The federal appeals court has maintained a prohibition on deploying state troops in the Oregon city, after a recent legal decision.

Appeals Court Agrees to Reconsider Legal Matter

The federal appeals court decided on this week that it would reexamine the legal dispute concerning the executive power with an expanded panel of 11 judges. The judicial body also overturned a earlier decision from a three-judge panel that had sided with the administration.

Ongoing Dispute Over Troop Deployment

This order represents the most recent turn in a long-running legal battle 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 uncertainty since the end of September when the mobilization attempt was started in response to ongoing demonstrations.

Differing Viewpoints

The federal government has argued that government employees at the immigration center in south Portland were facing threats, while city and state officials assert that local officers have command of the situation.

In defiance of characterizations of the city as “war ravaged”, locals have been sharing videos of lush hiking trails and a vibrant culinary culture, and planning activities such as an Emergency Naked Bike Ride against the increased military presence.

Court Proceedings

The appeals court decision came after a federal judge in the city enacted two legal injunctions this month – one blocking the federalization of the Oregon national guard, and another stopping the use of any national guard troops in the state, after attempts to evade the first order by calling up troops from California.

On Monday, the ninth circuit panel 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 troops.

Full Panel Consideration

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 shows that the truth matters and that the courts are working to hold this administration accountable. The founding document restricts the president’s power, and Oregon’s communities cannot be treated as a testing site for expansive government power,” said the legal representative in a statement.

“The judicial body is sending a definite signal: the president cannot send the military into US cities without cause. We will continue protecting state legislation, values, and sovereignty as this legal proceeding moves forward and our fight continues in the courts.”

Renee Sanchez
Renee Sanchez

Tech enthusiast and startup advisor with a passion for driving innovation and sharing actionable insights.