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The federal appeals court has upheld a ban on sending national guard in the Oregon city, after a latest court ruling.

Appeals Court Agrees to Rehear Case

The federal appeals court ruled on Tuesday that it would rehear the case concerning the president’s authority with an larger panel of eleven justices. The court also vacated a earlier ruling from a smaller judicial group that had supported the administration.

Ongoing Dispute Over Troop Deployment

This order represents the latest development in a long-running court case over whether the former president has the authority and valid reason to deploy state military units in Portland. Approximately two hundred troops have been in limbo since the end of September when the deployment effort was started in response to ongoing demonstrations.

Conflicting Arguments

The federal government has argued that federal officials at the ICE facility in the southern part of the city were under attack, while city and state officials maintain that local officers have control of the situation.

In defiance of descriptions of the city as a conflict zone, residents have been sharing videos of lush hiking trails and a vibrant culinary culture, and organizing activities such as an Emergency Naked Bike Ride against the increased military presence.

Recent Legal Actions

The Tuesday ruling came after a US district judge in Portland issued two temporary restraining orders this month – one blocking the federal control of the state troops, and another stopping the deployment of any national guard troops in the state, after attempts to circumvent the initial injunction by mobilizing out-of-state forces.

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

En Banc Review

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

“This ruling shows that facts are important and that the courts are working to hold this administration accountable. The constitution limits the president’s power, and local populations cannot be treated as a testing site for unchecked federal authority,” stated the state attorney general in a statement.

“The court is sending a definite signal: the president cannot dispatch the military into US cities without cause. We will continue defending Oregon’s laws, values, and sovereignty as this case progresses and our legal battle continues in the judicial system.”