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The ninth circuit court has upheld a prohibition on deploying national guard in Portland, Oregon, following a recent legal decision.

Appeals Court Agrees to Rehear Case

The federal appeals court ruled on this week that it would reexamine the legal dispute concerning the executive power with an larger group of 11 judges. The court also overturned a earlier ruling from a smaller judicial group that had supported the administration.

Legal Saga Over Troop Deployment

This order represents the latest turn in a protracted legal battle over whether the administration has the authority and valid reason to send national guard forces in the city. Approximately 200 federalized guard members have been in limbo since the end of September when the deployment effort was started in response to months of protests.

Differing Viewpoints

The federal government has argued that federal officials at the ICE facility in south Portland were facing threats, while local authorities assert that municipal police have control of the circumstances.

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

Court Proceedings

The appeals court decision came after a federal judge in the city issued two legal injunctions this period – one preventing the federalization of the state troops, and another prohibiting the use of any national guard troops in Oregon, after attempts to evade the first order by calling up troops from California.

On Monday, the ninth circuit panel had put the first ruling on hold – permitting control of state troops – but the subsequent injunction remained in place, blocking the actual deployment of the troops.

Full Panel Consideration

The Tuesday decision means the matter will be heard “en banc” – with all decisions under consideration simultaneously – by a group of 11 judges.

“This ruling demonstrates that facts are important and that the judicial system are working to hold this administration accountable. The founding document restricts the executive authority, and local populations cannot be treated as a training ground for unchecked federal authority,” said the state attorney general in a statement.

“The court is sending a definite signal: the president cannot dispatch the military into US cities unnecessarily. We will continue protecting Oregon’s laws, principles, and sovereignty as this legal proceeding progresses and our legal battle continues in the judicial system.”