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The federal appeals court has upheld a prohibition on deploying national guard in Portland, Oregon, after a latest legal decision.

Judicial Panel Agrees to Rehear Case

The ninth circuit court of appeals ruled on Tuesday that it would rehear the case concerning the president’s authority with an larger panel of eleven justices. The court also overturned a earlier decision from a three-judge panel that had sided with the administration.

Ongoing Dispute Over Troop Deployment

This legal directive represents the latest turn in a long-running court case over whether the administration has the legal right and justification to deploy state military units in the city. Approximately 200 federalized guard members have been in uncertainty since late September when the deployment effort was started in due 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 city and state officials assert that local officers have control of the situation.

Contrary to characterizations 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”.

Recent Legal Actions

The appeals court decision came after a federal judge in the city enacted 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 the state, after attempts to evade the first order by mobilizing troops from California.

On Monday, the appeals court had temporarily suspended the initial decision – permitting command of 200 Oregon national guard – but the subsequent injunction stayed effective, preventing the actual deployment of the forces.

En Banc Review

The latest ruling means the issue will be heard by the full court – with both rulings under review together – by a panel of 11 judges.

“This decision shows that the truth matters and that the courts are striving to hold this administration accountable. The founding document restricts the president’s power, and local populations cannot be treated as a testing site for unchecked federal authority,” stated the legal representative in a statement.

“The court is sending a definite signal: the president cannot send the military into US cities unnecessarily. We will continue protecting Oregon’s laws, values, and autonomy as this legal proceeding progresses and our fight continues in the courts.”