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The federal appeals court has upheld a ban on sending state troops in Portland, Oregon, following a latest legal decision.

Appeals Court Agrees to Reconsider Legal Matter

The ninth circuit court of appeals decided on Tuesday that it would rehear the case concerning the executive power with an expanded panel of 11 judges. The court also overturned a previous decision from a three-judge panel that had supported the federal government.

Ongoing Dispute Over Military Presence

This order represents the latest turn in a protracted court case 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 the end of September when the mobilization attempt was started in response to months of protests.

Differing Viewpoints

The federal government has claimed that government employees at the immigration center in south Portland were under attack, while city and state officials assert that local officers have control of the situation.

Contrary to descriptions of the city as “war ravaged”, residents have been sharing footage of lush hiking trails and a vibrant culinary culture, and organizing activities such as an Emergency Naked Bike Ride against the increased military presence.

Court Proceedings

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 state troops, and another stopping the deployment of any national guard troops in Oregon, after efforts to circumvent the first order by calling up troops from California.

On Monday, the ninth circuit panel had put the first ruling on hold – allowing control of 200 Oregon national guard – but the second ruling stayed effective, preventing the actual deployment of the troops.

Full Panel Consideration

The latest ruling means the issue will be heard by the full court – with both rulings under consideration simultaneously – by a group of 11 judges.

“This decision demonstrates that facts are important and that the courts are striving to ensure government responsibility. The founding document restricts the president’s power, and Oregon’s communities cannot be treated as a training ground for expansive government power,” stated the state attorney general in a official comment.

“The court is sending a definite signal: the executive leader cannot send the military into American urban areas unnecessarily. We will continue protecting state legislation, values, and sovereignty as this legal proceeding moves forward and our legal battle continues in the courts.”