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The federal appeals court has maintained a ban on deploying state troops in Portland, Oregon, following a recent court ruling.

Appeals Court Agrees to Reconsider Legal Matter

The ninth circuit court of appeals decided on Tuesday that it would rehear the case concerning the executive power with an larger panel of 11 judges. The judicial body also vacated a previous ruling from a three-judge panel that had sided with the administration.

Ongoing Dispute Over Troop Deployment

This order represents the latest turn in a long-running legal battle over whether the administration has the legal right and valid reason to deploy state military units in the city. Approximately two hundred troops have been in limbo since late September when the mobilization attempt was started in due to ongoing demonstrations.

Conflicting Arguments

The federal government has claimed that federal officials at the ICE facility in south Portland were under attack, while city and state officials assert that municipal police have command of the situation.

In defiance of descriptions of Portland as “war ravaged”, locals have been posting videos of scenic paths and a thriving food scene, and planning activities such as an protest bicycle event against the “militarization of our city”.

Recent Legal Actions

The appeals court decision came after a US district judge in Portland issued two legal injunctions this period – one preventing the federal control of the state troops, and another prohibiting the use of any military personnel in Oregon, after efforts to circumvent the initial injunction by calling up troops from California.

On Monday, the ninth circuit panel had put the first ruling on hold – permitting control of 200 Oregon national guard – but the subsequent injunction stayed effective, blocking the physical sending of the troops.

Full Panel Consideration

The Tuesday decision means the issue will be heard “en banc” – with both rulings under review together – by a panel of 11 judges.

“This decision shows that facts are important and that the judicial system are working to ensure government responsibility. The constitution restricts the executive authority, and Oregon’s communities cannot be treated as a testing site for expansive government power,” stated the state attorney general in a statement.

“The judicial body is sending a clear message: the president cannot dispatch the military into US cities without cause. We will continue defending Oregon’s laws, values, and sovereignty as this legal proceeding progresses and our legal battle continues in the courts.”