Hedges NDAA Indefinite Detention Decision Stayed By 2nd Circuit

As much as I, and most who care about Constitutional protections and Article III courts still having a function in balance of power determinations, the recent 112 page ruling by Judge Katherine Forrest in SDNY (see here and, more importantly, here) had fundamental issues that made review certain, and reversal all but so.

The first step was to seek a stay in the SDNY trial court, which Judge Forrest predictably refused; but then the matter would go to the Second Circuit, and the stay application was formally filed today.

Well, that didn’t take long. From Josh Gerstein at Politico, just filed:

A single federal appeals court judge put a temporary hold Monday night on a district court judge’s ruling blocking enforcement of indefinite detention provisions in a defense bill passed by Congress and signed into law last year by President Barack Obama.

U.S. Court of Appeals for the 2nd Circuit Judge Raymond Lohier issued a one-page order staying the district court judge’s injunction until a three-judge panel of the court can take up the issue on September 28.

Lohier offered no explanation or rationale for the temporary stay.

Here is the actual order both granting the temporary stay and scheduling the September 28 motions panel consideration.

This is effectively an administrative stay until the full three judge motions panel can consider the matter properly on September 28th. But I would be shocked if the full panel does anything but continue the stay for the pendency of the appeal.

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emptywheel Steven Cook: There are many cases where LE uses Stingray under emergency exception. (DOJ likes to pretend not many--thanks for clarifying)
emptywheel They're just calling Gronk for OPI bc entire league is too afraid to test the inflation of his balls. https://t.co/IMDv658cli
emptywheel .@JimPressOffice To SEC: "You'd like to expand something that's already been determined unconstitutional."
emptywheel .@JimPressOffice Asks Ceresny if he wrote his testimony in 2009. Gets at same point @CRCalabrese but even more effectively.
emptywheel @chinahand the Paris attack itself?
emptywheel .@CRCalabrese notes that if you haven't used an authority for 5 years, then you don't have that authority, regaining it would be new.
emptywheel @normative Right: the baby that poops and pees. Empathy for my 4 year old self makes me sad I'm so opposed to Hello Barbie @TrueFactsStated
emptywheel @TrueFactsStated Tho my father's last Christmas (I was 27) he got me a wind-up penguin instead bc Baby Alive too expensive. @normative
emptywheel @TrueFactsStated My bro bought me one when I was 28. I turned out to be a horribly neglectful Baby Alive mom. @normative
emptywheel @normative I was thinking that the child only gets pillow privacy rights after a certain age, @JasonKuznicki
emptywheel @TrueFactsStated Fr age 4 - 6 I asked only for Baby Alive for both birthday & Xmas. Never got it. Prolly ruined me on all counts @normative
emptywheel @JasonKuznicki Did you see my Tooth Fairy Q? Fourth Amendment infringement of your child's pillow? @normative
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