A divided one Court of Appeal decided that the president of USA Donald Trump has the ability to deploy the National Guard to Portland, Oregon, despite state and municipal objections. The decision is a major legal victory for the Republican president as he continues to expand the presence of military forces in Democratic-controlled cities.

The three-member 9th Court of Appeal accepted the Ministry of Justice’s request to suspend the previous court decision, which had temporarily halted the deployment of the National Guard. The suspension will remain in effect until the case is heard and a final decision is made.

Portland Judge Karin Immergut, who was appointed by Trump during his first term, ruled on Oct. 4 that the president may have acted illegally in ordering the deployment of the military to the city.

Of the three Court of Appeals judges, two sided with Trump, while Immergut had previously blocked the deployment of the National Guard until at least the end of October. Meanwhile, a trial is scheduled for October 29 to consider whether to extend the ban.

So far, Trump has sent the National Guard to cities like Los Angeles, Washington and Memphis, and is also looking to deploy forces in Portland and Chicago. States and municipalities have sued, but the courts have yet to issue final rulings on the legality of the president’s actions.

At first instance, the court rulings were against Trump, but the Courts of Appeals appear divided. The 9th Circuit previously approved sending troops to California, while the 7th Circuit ruled that the National Guard should not be deployed to Chicago for now.