Judicial Panel to Reconsider Ruling That Permitted Trump to Deploy Troops to Portland

The federal appeals court has maintained a prohibition on deploying national guard in Portland, Oregon, after a recent court ruling.

Appeals Court Agrees to Rehear Case

The federal appeals court decided on Tuesday that it would rehear the legal dispute concerning the president’s authority with an expanded panel of 11 judges. The judicial body 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 turn in a long-running legal battle over whether the administration has the authority and valid reason to deploy national guard forces in the city. Approximately 200 federalized guard members have been in limbo since late September when the mobilization attempt was initiated in response to months of protests.

Differing Viewpoints

The federal government has argued that federal officials at the immigration center in the southern part of the city were under attack, while city and state officials maintain that municipal police have control of the circumstances.

In defiance of characterizations of Portland as a conflict zone, locals have been sharing footage of scenic paths and a thriving food scene, 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 issued two temporary restraining orders this month – one blocking the federal control of the state troops, and another stopping the deployment of any national guard troops in Oregon, after attempts to evade the initial injunction by calling up out-of-state forces.

On the previous day, the appeals court had temporarily suspended the initial decision – permitting command of 200 Oregon national guard – but the second ruling remained in place, preventing the physical sending of the forces.

Full Panel Consideration

The Tuesday decision means the issue will be heard “en banc” – with all decisions under consideration simultaneously – by a panel of eleven justices.

“This ruling shows that facts are important and that the judicial system are striving to ensure government responsibility. The constitution restricts the executive authority, and Oregon’s communities cannot be treated as a training ground for unchecked federal authority,” stated the state attorney general in a official comment.

“The judicial body is sending a definite signal: the executive leader cannot dispatch the armed forces into American urban areas without cause. We will continue defending state legislation, principles, and sovereignty as this case progresses and our fight continues in the courts.”

Kimberly Long
Kimberly Long

Alex Thornton is the founding director of Local Studio, with over 20 years of experience in community-led design and sustainable architecture.