The federal appeals court has maintained a ban on sending state troops in the Oregon city, following a latest court ruling.
The ninth circuit court of appeals ruled on Tuesday that it would rehear the case concerning the executive power with an expanded group of 11 judges. The court also vacated a previous decision from a three-judge panel that had supported the federal government.
This legal directive represents the most recent turn 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 uncertainty since the end of September when the deployment effort was started in response to months of protests.
The federal government has argued that federal officials at the ICE facility in the southern part of the city were under attack, while local authorities maintain that local officers have control of the situation.
Contrary to descriptions of the city as “war ravaged”, locals have been posting 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 Tuesday ruling came after a US district judge in the city issued two temporary restraining orders this month – one blocking the federal control of the state troops, and another stopping the use of any national guard troops in the state, after efforts to evade the initial injunction by calling up out-of-state forces.
On the previous day, the ninth circuit panel had put the first ruling on hold – allowing control of state troops – but the second ruling remained in place, preventing the actual deployment of the forces.
The Tuesday decision means the issue will be heard “en banc” – with all decisions under review simultaneously – by a group of eleven justices.
“This decision shows that facts are important and that the judicial system are working to ensure government responsibility. The founding document limits the executive authority, and local populations cannot be treated as a training ground for expansive government power,” said the legal representative in a official comment.
“The judicial body is sending a clear message: the president cannot send the military into American urban areas unnecessarily. We will continue protecting state legislation, principles, and sovereignty as this legal proceeding progresses and our legal battle continues in the courts.”
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