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- By Hailey Hughes
- 03 Sep 2026
The ninth circuit court has maintained a ban on sending state troops in the Oregon city, after a latest court ruling.
The ninth circuit court of appeals ruled on this week that it would rehear the legal dispute concerning the executive power with an expanded panel of eleven justices. The court also overturned a previous decision from a smaller judicial group that had sided with the administration.
This order represents the latest development in a protracted court case over whether the former president has the legal right and valid reason to deploy national guard forces in Portland. Approximately 200 federalized guard members have been in uncertainty since the end of September when the mobilization attempt was started in due to months of protests.
The administration has argued that government employees at the ICE facility in the southern part of the city were under attack, while city and state officials assert that local officers have control of the circumstances.
Contrary to descriptions of the city as “war ravaged”, locals have been sharing footage of lush hiking trails and a thriving food scene, and organizing activities such as an protest bicycle event against the increased military presence.
The Tuesday ruling came after a federal judge in Portland enacted two temporary restraining orders this period – one blocking the federalization of the state troops, and another prohibiting the deployment of any military personnel in Oregon, after efforts to circumvent the initial injunction by calling up troops from California.
On the previous day, the appeals court had temporarily suspended the initial decision – permitting command of 200 Oregon national guard – but the second ruling stayed effective, preventing the actual deployment of the forces.
The latest ruling means the issue will be heard “en banc” – with all decisions under review simultaneously – by a panel of 11 judges.
“This ruling demonstrates that the truth matters and that the judicial system are working to hold this administration accountable. The founding document restricts the executive authority, and local populations cannot be treated as a testing site for unchecked federal authority,” said the state attorney general in a statement.
“The judicial body is sending a definite signal: the president cannot dispatch the armed forces into American urban areas unnecessarily. We will continue protecting Oregon’s laws, principles, and autonomy as this legal proceeding moves forward and our fight continues in the judicial system.”
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