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

Appeals Court Agrees to Rehear Case

The ninth circuit court of appeals ruled on Tuesday that it would reexamine the legal dispute concerning the president’s authority with an larger panel of eleven justices. The court also vacated a previous decision from a smaller judicial group that had sided with the federal government.

Legal Saga Over Military Presence

This order represents the latest development in a protracted legal battle over whether the former president has the legal right and justification to send national guard forces in the city. Approximately 200 federalized guard members have been in limbo since the end of September when the mobilization attempt was initiated in due to ongoing demonstrations.

Conflicting Arguments

The federal government has claimed that federal officials at the immigration center in south Portland were under attack, while local authorities maintain that municipal police have control of the circumstances.

In defiance of descriptions of the city as “war ravaged”, locals have been posting footage of scenic paths and a vibrant culinary culture, and organizing activities such as an Emergency Naked Bike Ride against the increased military presence.

Court Proceedings

The Tuesday ruling came after a US district judge in the city issued two legal injunctions this month – one preventing the federalization of the state troops, and another prohibiting the use of any national guard troops in Oregon, after efforts to evade the first order by mobilizing troops from California.

On Monday, the ninth circuit panel had put the first ruling on hold – permitting control of 200 Oregon national guard – but the subsequent injunction stayed effective, blocking the physical sending of the troops.

En Banc Review

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

“This decision shows that facts are important and that the judicial system are working to ensure government responsibility. The founding document restricts the president’s power, and local populations cannot be treated as a testing site for expansive government power,” said the state attorney general in a official comment.

“The judicial body is sending a clear message: the executive leader cannot send the military into US cities without cause. We will continue defending state legislation, principles, and autonomy as this legal proceeding progresses and our legal battle continues in the judicial system.”