AG Rayfield Issues Statement on Ninth Circuit Decision to Take Case “En Banc”

Oregon Attorney General Dan Rayfield today issued the following statement after the Ninth Circuit Court of Appeals voted to take the federal government's appeal en banc in the National Guard case, for review in front of a larger panel of judges:

"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.

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."

The Ninth Circuit's decision to take the case en banc vacates the earlier ruling from a three-judge panel. This now means an expanded eleven-judge panel will hear the case and decide the issues. Both TROs remain in effect.

In the meantime, a trial involving the National Guard deployment in Oregon begins Wednesday in Portland in U.S. District Court.