Obama Administration Wins Stay of NDAA Rejection
September 18, 2012
The U.S. government won a temporary delay of a lower court ruling striking down a military detention law as unconstitutional.
U.S. Circuit Judge Raymond Lohier in New York
today granted a Justice Department request for an interim stay of the
Sept. 12 ruling. The government argued that the decision, which imposed a
permanent injunction barring enforcement of the law, poses a threat to
In a one-page order today, Lohier delayed the
ruling until Sept. 28, when a three-judge panel of the appeals court
will consider whether to extend the stay.
U.S. District Judge
Katherine Forrest invalidated provisions of the National Defense
Authorization Act for 2012 that provide for detention by the U.S.
military of people who provide support to al-Qaeda and the Taliban. The
A group including former New York Times reporter Christopher Hedges in January sued President Barack Obama and Leon Panetta,
the secretary of defense, challenging the law. The plaintiffs claim it
could subject them to detention for acts including writing and advocacy
that are protected by the First Amendment.
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