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- By Jake Boyle
- 09 Sep 2026
The ninth circuit court has maintained a prohibition on deploying national guard in Portland, Oregon, following a latest legal decision.
The federal appeals court ruled on Tuesday that it would reexamine the legal dispute concerning the president’s authority with an expanded group of eleven justices. The court also overturned a earlier decision from a three-judge panel that had supported the federal government.
This order represents the most recent development in a long-running court case over whether the former president has the authority and justification to send national guard forces in Portland. Approximately 200 federalized guard members have been in uncertainty since late September when the deployment effort was initiated in due to ongoing demonstrations.
The federal government has claimed that government employees at the immigration center in the southern part of the city were facing threats, while city and state officials maintain that municipal police have command of the situation.
In defiance of descriptions of the city as “war ravaged”, locals have been posting footage of scenic paths and a vibrant culinary culture, and planning activities such as an Emergency Naked Bike Ride against the “militarization of our city”.
The appeals court decision came after a federal judge in Portland enacted two legal injunctions this period – one preventing the federal control of the state troops, and another stopping the use of any national guard troops in the state, after efforts to evade the first order by mobilizing out-of-state forces.
On Monday, the appeals court had put the first ruling on hold – allowing command of 200 Oregon national guard – but the subsequent injunction stayed effective, blocking the physical sending of the forces.
The latest ruling means the matter will be heard “en banc” – with all decisions under review simultaneously – by a panel of 11 judges.
“This ruling shows that the truth matters and that the courts are working to ensure government responsibility. The constitution limits the president’s power, and local populations cannot be treated as a testing site for expansive government power,” stated the state attorney general in a statement.
“The court is sending a clear message: the executive leader cannot dispatch the armed forces into US cities without cause. We will continue protecting state legislation, values, and sovereignty as this case progresses and our legal battle continues in the courts.”
Maya Chen is a tech journalist and lifestyle blogger with over a decade of experience covering digital trends and cultural shifts.