The Second Circuit has permanently vacated the injunction issued by the District Court against NDAA 2012 indefinite detention powers. The case has been remanded to District Court Judge Kathryn Forrest. who originally issued the injunction.
In layman’s terms, Forrest put a stop to indefinite detention, and the Second Circuit overturned that. It also permanently prohibited Forrest from attempting to do so again, ordering her to proceed with the case consistent with their opinion.
NDAA “indefinite detention” powers are alive and well.
The opinion appears to be based only on lack of standing — based on the Clapper case decided by the Supreme Court:
“In sum, Hedges and O’Brien do not have Article III standing to challenge the statute because Section 1021 simply says nothing about the government’s authority to detain citizens. While Section 1021 does have meaningful effect regarding the authority to detain individuals who are not citizens or lawful resident aliens and are apprehended abroad, Jonsdottir and Wargalla have not established standing on this record. We VACATE the permanent injunction and REMAND for further proceedings consistent with this opinion.” P. 60
The Tenth Amendment Center, along with a broad coalition of organizations and individuals, filed an amicus brief on behalf of the defendants. It was cited at p. 4 and note 3 in the District Court’s opinion:
As one group of amici has noted, “[r]arely has a short statute been subject to more radically different interpretations than Section 1021.”
The only other reference to an amicus brief was at p. 40, in note 137 — Center for National Security Studies.
REVIEWING THE “LAW” IN QUESTIONDetails