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The federal appeals court has maintained a ban on deploying national guard in Portland, Oregon, following a latest legal decision.

Judicial Panel Agrees to Rehear Case

The ninth circuit court of appeals decided on this week that it would reexamine the case concerning the executive power with an larger group of 11 judges. The court also vacated a previous ruling from a smaller judicial group that had supported the federal government.

Ongoing Dispute Over Troop Deployment

This order represents the most recent development in a protracted court case over whether the administration has the authority and valid reason to deploy national guard forces in the city. Approximately two hundred troops have been in limbo since late September when the deployment effort was started in due to ongoing demonstrations.

Conflicting Arguments

The administration has argued that government employees at the ICE facility in south Portland were facing threats, while local authorities assert that local officers have control of the situation.

In defiance of characterizations of Portland as a conflict zone, residents have been posting footage of lush hiking trails and a vibrant culinary culture, and planning events such as an Emergency Naked Bike Ride against the increased military presence.

Recent Legal Actions

The Tuesday ruling came after a federal judge in Portland issued two temporary restraining orders this month – one blocking the federalization of the state troops, and another prohibiting the deployment of any national guard troops in Oregon, after attempts to evade the first order by mobilizing out-of-state forces.

On the previous day, the ninth circuit panel had temporarily suspended the initial decision – allowing 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 matter will be heard “en banc” – with all decisions under consideration together – by a group of 11 judges.

“This decision demonstrates that facts are important and that the courts are striving to hold this administration accountable. The constitution limits the executive authority, and local populations cannot be treated as a training ground for unchecked federal authority,” stated the state attorney general in a official comment.

“The court is sending a clear message: the executive leader cannot dispatch the military into US cities without cause. We will continue protecting Oregon’s laws, values, and autonomy as this legal proceeding moves forward and our legal battle continues in the courts.”