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The federal appeals court has upheld a ban on sending state troops in the Oregon city, after a recent legal decision.

Appeals Court Agrees to Rehear Case

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

Ongoing Dispute Over Troop Deployment

This order represents the most recent turn in a protracted legal battle over whether the administration has the authority and justification to deploy state military units in Portland. Approximately two hundred troops have been in limbo since late September when the deployment effort was started in due to months of protests.

Conflicting Arguments

The federal government has argued that government employees at the ICE facility in the southern part of the city were under attack, while local authorities assert that local officers have control of the circumstances.

Contrary to characterizations of Portland as “war ravaged”, locals have been posting videos 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 enacted two temporary restraining orders this period – one blocking the federalization of the state troops, and another stopping the deployment of any military personnel in the state, after efforts to circumvent the first order by calling up troops from California.

On the previous day, the ninth circuit panel had temporarily suspended the initial decision – permitting control of 200 Oregon national guard – but the subsequent injunction stayed effective, blocking the physical sending of the forces.

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 decision demonstrates that the truth matters and that the judicial system are working to ensure government responsibility. The founding document limits the executive authority, and Oregon’s communities cannot be treated as a training ground for unchecked federal authority,” stated the state attorney general in a statement.

“The court is sending a definite signal: the president cannot send the armed forces into US cities unnecessarily. We will continue protecting state legislation, values, and autonomy as this case progresses and our fight continues in the courts.”