A federal appeals court has vacated a decision by a three-judge panel last week that could have allowed Trump to deploy troops in Portland, Oregon.
The 9th U.S. Circuit Court of Appeals said late Tuesday it will rehear arguments in the case with a broader court of 11 judges.
The case involves efforts by the city and the state to prevent the administration from deploying hundreds of National Guard troops. Trump says the troops are needed protect federal property, including an Immigration and Customs Enforcement building that has been the site of protests.
City officials say the troops are not needed, and that federal agents themselves have inflamed tensions by arbitrarily firing tear gas and projectiles — including at city police.
EARLIER IN THIS CASE | Trump can deploy National Guard in Portland, appeals court rules
A federal appeals court initially ruled October 20 that the Trump administration could deploy the National Guard in Portland. The decision cleared the way for troops to help protect federal property amid ongoing demonstrations at Immigration and Customs Enforcement facilities.
In its decision, the Ninth Circuit said the president is likely acting within his powers under 10 U.S.C. § 12406(3), which allows the federalization of the National Guard when the president is “unable with the regular forces to execute the laws of the United States.”
