The federal appeals court has upheld a ban on sending state troops in the Oregon city, after a latest legal decision.
The federal appeals court decided on Tuesday that it would rehear the legal dispute concerning the president’s authority with an larger panel of eleven justices. The judicial body also vacated a previous decision from a smaller judicial group that had sided with the federal government.
This order represents the most recent development in a protracted legal battle over whether the former president has the authority and justification to send state military units in the city. Approximately two hundred troops have been in limbo since the end of September when the mobilization attempt was initiated in response to ongoing demonstrations.
The administration has claimed that federal officials at the immigration center in the southern part of the city were under attack, while local authorities assert that municipal police have control of the situation.
Contrary to characterizations of the city as a conflict zone, residents 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 “militarization of our city”.
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 Oregon national guard, and another prohibiting the deployment of any military personnel in the state, after efforts to circumvent the first order by mobilizing out-of-state forces.
On the previous day, the appeals court had put the first ruling on hold – permitting control of 200 Oregon national guard – but the subsequent injunction remained in place, blocking the actual deployment of the troops.
The latest ruling means the issue will be heard by the full court – with both rulings under review simultaneously – by a group of eleven justices.
“This ruling demonstrates that the truth matters and that the courts are working to ensure government responsibility. The constitution restricts the president’s power, and local populations cannot be treated as a testing site for unchecked federal authority,” said the state attorney general in a statement.
“The judicial body is sending a definite signal: the president cannot send the armed forces into American urban areas unnecessarily. We will continue protecting state legislation, principles, and autonomy as this legal proceeding moves forward and our fight continues in the courts.”
Elara Vance is a tech journalist and business analyst with over a decade of experience covering digital transformation and startup ecosystems.