"The 9th Circuit Court of Appeals will rehear an appeal regarding Oregon National Guard deployment. By agreeing to reconsider the case, the court vacated an earlier ruling that would have allowed for troops to deploy to Portland. The decision comes after a panel of three judges sided with the Trump administration on October 20, finding his order to deploy Oregon National Guard troops to Portland was legally sound."
"Judge Susan P. Graber, who dissented, argued the president's claims about the threat level on the ground in Portland weren't based on factual evidence and military deployment, which is only supposed to be used in extreme circumstances, wasn't warranted. Graber urged an "en banc" review, calling for the case to be reheard by a full panel of 11 judges. Within hours, her colleagues were deciding whether to do just that."
"In addition to the Oregon Attorney General's Office pushing back on Trump in court, Portland city officials have come out swinging against the president's plan to use a militia to respond to protests. The Portland City Council recently passed a resolution aimed at preventing federal overreach, while the mayor and city attorney have bluntly addressed excessive use of force on protesters by federal agents stationed at the ICE facility. Portland's anti-ICE protests have been consistent, but manageable, according to local police."
The 9th Circuit agreed to rehear an appeal over deployment of the Oregon National Guard to Portland and vacated a prior ruling that had allowed troops to deploy. A three-judge panel had earlier sided with the Trump administration, finding the president's order to protect the ICE facility legally sound. Judge Susan P. Graber dissented, saying threat claims lacked factual basis and that military deployment was not warranted except in extreme circumstances, and she urged an en banc review. The court issued a temporary order preventing deployment. Oregon officials and Portland leaders opposed federal actions; timing of the en banc review remains unclear.
Read at Portland Mercury
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