9th Circuit Court votes to re-hear Trump’s appeal of National Guard troops to Portland

It was announced Tuesday night that the case would be reheard en banc as the Ninth District Court of Appeals voted to have more judges look at the case.

Until a decision is made, National Guard troops cannot come to Portland.

The court’s decision to take the case en banc vacates the earlier ruling from a three-judge panel, which means that an 11-judge panel will hear the case and decide the issues.

“The idea is that enough judges think that this is an important enough issue that the decision that the three-judge panel issued needs to be redecided by a larger set of judges,” said Lewis & Clark Law School professor Tung Yin.

Yin added that the central issue of the president attempting to nationalize and deploy the state National Guard against the wishes of the sitting governor illustrates how “just about everything about this case is not normal.”

A trial involving the National Guard deployment in Oregon will begin on Wednesday in Portland. Both temporary restraining orders remain in effect.

Oregon Attorney General Dan Reyfield praised the court’s decision.

“This ruling shows the truth matters and that the courts are working to hold this administration accountable. The Constitution limits the president’s power, and Oregon’s communities cannot be treated as a training ground for unchecked federal authority,” AG Rayfield said. “The court is sending a clear message: the president cannot send the military into U.S. cities unnecessarily. We will continue defending Oregon’s laws, values, and sovereignty as this case moves forward and our fight continues in the courts.”

Portland Mayor Keith Wilson called the Ninth Circuit Court’s decision on Tuesday a “win” for the city.

“Yeah, this is a good day again for Oregon. We continue to tell the nation that we’re going to fight in the court of law, and we’re going to win. And today is one more day where Oregonians won. We have said all along that the number of federal troops that we need in Portland is zero,” Wilson said. “We’re protesting peacefully, that we don’t need troops. We don’t need a deployment. We don’t need a false narrative in Portland.”

On Monday, the U.S. Department of Justice walked back key evidence used to defend Trump’s attempted deployment of National Guard troops. During their appeal, they initially said 115 Federal Protective Service officers were deployed to Portland at one point, but they later said that number was actually 86 officers.

Stay with KOIN 6 News as this story develops.