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The ninth circuit court has upheld a prohibition on sending national guard in Portland, Oregon, following a recent court ruling.

Appeals Court 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 panel of 11 judges. The court also overturned a earlier ruling from a three-judge panel that had supported the administration.

Legal Saga Over Military Presence

This legal directive represents the latest development in a protracted court case over whether the administration has the authority and justification to send state military units in Portland. Approximately 200 federalized guard members have been in limbo since the end of September when the deployment effort was started in response to ongoing demonstrations.

Differing Viewpoints

The federal government has claimed that government employees at the ICE facility in south Portland were under attack, while local authorities assert that municipal police have control of the situation.

Contrary to descriptions of Portland as “war ravaged”, locals have been posting footage 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”.

Court Proceedings

The Tuesday ruling came after a federal judge in Portland enacted two temporary restraining orders this month – one blocking the federalization of the Oregon national guard, and another stopping the use of any military personnel in Oregon, after attempts to evade the initial injunction by calling up out-of-state forces.

On Monday, the appeals court had put the first ruling on hold – allowing control of state troops – but the subsequent injunction stayed effective, preventing the actual deployment of the troops.

Full Panel Consideration

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

“This ruling demonstrates that facts are important and that the courts are working to ensure government responsibility. The founding document restricts the executive authority, and Oregon’s communities cannot be treated as a testing site for unchecked federal authority,” stated the state attorney general in a official comment.

“The judicial body is sending a clear message: the president cannot send the military into US cities without cause. We will continue defending Oregon’s laws, principles, and sovereignty as this case moves forward and our legal battle continues in the courts.”