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The ninth circuit court has maintained a ban on sending national guard in Portland, Oregon, following a recent legal decision.

Appeals Court Concurs to Reconsider Case

The federal appeals court ruled on Tuesday that it would reexamine the case concerning the executive power with an larger panel of 11 judges. The court also overturned a previous ruling from a smaller judicial group that had sided with the federal government.

Ongoing Dispute Over Military Presence

This order represents the latest development in a long-running legal battle over whether the former president has the authority and justification to send national guard forces in the city. Approximately 200 federalized guard members have been in limbo since late September when the mobilization attempt was started in response to months of protests.

Conflicting Arguments

The federal government has claimed that government employees at the immigration center in the southern part of the city were under attack, while city and state officials maintain that local officers have command of the situation.

Contrary to descriptions of Portland as “war ravaged”, residents have been sharing footage of lush hiking trails and a thriving food scene, and planning events such as an Emergency Naked Bike Ride against the “militarization of our city”.

Recent Legal Actions

The Tuesday ruling came after a US district judge in Portland issued two temporary restraining orders this period – one preventing the federalization of the state troops, and another stopping the deployment of any national guard troops in the state, after attempts to circumvent the first order by mobilizing troops from California.

On Monday, the appeals court had temporarily suspended the initial decision – allowing control of 200 Oregon national guard – but the second ruling remained in place, preventing the actual deployment of the troops.

En Banc Review

The Tuesday decision means the matter will be heard “en banc” – with all decisions under consideration together – by a panel of eleven justices.

“This decision demonstrates that facts are important and that the judicial system are working to hold this administration accountable. The constitution restricts the president’s power, and Oregon’s communities cannot be treated as a testing site for expansive government power,” stated the legal representative in a statement.

“The court is sending a definite signal: the president cannot send the military into US cities without cause. We will continue protecting Oregon’s laws, values, and autonomy as this legal proceeding progresses and our fight continues in the judicial system.”