The 9th U.S. Circuit Court of Appeals has decided to reconsider an appeal from President Donald Trump’s administration over National Guard troops deployment in Portland, Oregon.
This decision to rehear the appeal comes after the court stayed an order on October 20, previously ruling that the Trump Administration could deploy 200 troops in the city.
Newsweek reached out to the Department of Homeland Security (DHS) via email on Tuesday night for comment.
Why It Matters
This review highlights the ongoing constitutional debate regarding the boundaries of presidential authority in deploying military forces domestically, especially over the objections of local governments. The outcome could influence how executive power is exercised in situations that the White House deems as civil unrest and has implications for similar disputes in cities like Chicago.
What To Know
The 9th Circuit Court of Appeals voted to hold an en banc rehearing—an extended review with 11 judges—of the earlier decision that allowed Trump to deploy 200 Oregon National Guard troops to support federal officers in Portland.
This move vacated the three-judge panel’s 2-1 ruling in favor of the Trump administration. The case stems from Trump’s late-September authorization to mobilize the Guard in response to ongoing demonstrations at Portland’s U.S. Immigration and Customs Enforcement (ICE) facility.
“Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 40(c) and Circuit Rule 40-3,” the order said in part.
This is a developing story that will be updated with additional information.
