A US appeals court is set to reassess its decision in favor of Donald Trump's planned deployment of Oregon national guard troops to Portland, amid concerns from the state and city officials that the move was made under false pretenses.
The initial three-judge panel had voted 2-1 to allow Trump to deploy federalized troops to the city, citing his claim that he has the legal authority to do so. However, a judge on the ninth circuit court of appeals has now requested a vote from a larger panel of judges on whether to rehear the case.
Oregon Governor Tina Kotek has expressed her hopes that the full appeals court will vacate the initial decision and reverse it. She has also urged the Trump administration to send all national guard members home, describing the situation as "troubling" and stating that she is concerned about the president's ability to suppress free speech in the city.
The decision by the lower court had blocked Trump's effort to deploy Oregon national guard troops, with Judge Karin Immergut ruling that the president's claims about Portland being a war zone were "simply untethered to the facts". However, the initial three-judge panel later lifted this order, allowing the deployment to proceed.
The city and state officials have now submitted written briefs arguing for a rehearing of the case, with lawyers for the Trump administration opposing it. The decision will be made by 29 active judges on the appeals court, who will vote on whether or not to rehear the case.
The outcome is seen as a crucial test of Trump's authority and his ability to use executive power to enforce his policies in Oregon. The state has argued that the deployment was unlawful and that it would undermine the constitutional rights of citizens to assemble and protest.
If the larger panel reverses the initial decision, it could have significant implications for the president's use of federalized troops to enforce his policies nationwide. As one lawyer has noted, a successful rehearing could give Trump "unilateral power to put Oregon soldiers on our streets with almost no justification".
The initial three-judge panel had voted 2-1 to allow Trump to deploy federalized troops to the city, citing his claim that he has the legal authority to do so. However, a judge on the ninth circuit court of appeals has now requested a vote from a larger panel of judges on whether to rehear the case.
Oregon Governor Tina Kotek has expressed her hopes that the full appeals court will vacate the initial decision and reverse it. She has also urged the Trump administration to send all national guard members home, describing the situation as "troubling" and stating that she is concerned about the president's ability to suppress free speech in the city.
The decision by the lower court had blocked Trump's effort to deploy Oregon national guard troops, with Judge Karin Immergut ruling that the president's claims about Portland being a war zone were "simply untethered to the facts". However, the initial three-judge panel later lifted this order, allowing the deployment to proceed.
The city and state officials have now submitted written briefs arguing for a rehearing of the case, with lawyers for the Trump administration opposing it. The decision will be made by 29 active judges on the appeals court, who will vote on whether or not to rehear the case.
The outcome is seen as a crucial test of Trump's authority and his ability to use executive power to enforce his policies in Oregon. The state has argued that the deployment was unlawful and that it would undermine the constitutional rights of citizens to assemble and protest.
If the larger panel reverses the initial decision, it could have significant implications for the president's use of federalized troops to enforce his policies nationwide. As one lawyer has noted, a successful rehearing could give Trump "unilateral power to put Oregon soldiers on our streets with almost no justification".