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. In that 2-1 ruling, 9th Circuit Judges Ryan Nelson and Bridget Bade found the federal government had grounds to deploy troops to protect the ICE facility in Portland amid ongoing protests.

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 su

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