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The federal appeals court has upheld a ban on sending state troops in Portland, Oregon, after a latest legal decision.

Judicial Panel Agrees to Rehear Case

The federal appeals court ruled on this week that it would rehear the legal dispute concerning the president’s authority with an expanded group of 11 judges. The court also vacated a earlier ruling from a three-judge panel that had sided with the administration.

Ongoing Dispute Over Military Presence

This order represents the most recent development in a protracted court case over whether the former president has the legal right and valid reason to send national guard forces in Portland. Approximately two hundred troops have been in limbo since late September when the deployment effort was started in response to ongoing demonstrations.

Conflicting Arguments

The federal government has claimed that government employees at the immigration center in south Portland were under attack, while city and state officials maintain that local officers have command of the situation.

Contrary to descriptions of the city as a conflict zone, locals have been posting videos of lush hiking trails and a thriving food scene, and organizing events such as an Emergency Naked Bike Ride against the “militarization of our city”.

Recent Legal Actions

The appeals court decision came after a US district judge in the city issued two temporary restraining orders this month – one blocking the federal control of the Oregon national guard, and another stopping the use of any military personnel in Oregon, after efforts to evade the initial injunction by calling up troops from California.

On the previous day, the ninth circuit panel had put the first ruling on hold – permitting command of state troops – but the second ruling 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 consideration together – by a panel of 11 judges.

“This decision demonstrates that the truth matters and that the judicial system are working to hold this administration accountable. The founding document limits the executive authority, and local populations cannot be treated as a testing site for unchecked federal authority,” stated the state attorney general in a statement.

“The judicial body is sending a definite signal: the executive leader cannot send the military into US cities unnecessarily. We will continue protecting state legislation, principles, and sovereignty as this case moves forward and our legal battle continues in the judicial system.”