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.

Tweet about this on Twitter0Share on Reddit0Share on Facebook0Google+3Email to someone

11 Responses to Hedges NDAA Indefinite Detention Decision Stayed By 2nd Circuit

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
Emptywheel Twitterverse
JimWhiteGNV RT @GainesvilleSun: Driving practice ends with 5 injured people, 3 crashed cars http://t.co/P6BkQ3ke2Y
6mreplyretweetfavorite
bmaz @bradheath Maybe. Maybe who they are collaborating with?
49mreplyretweetfavorite
bmaz How Harry Reid Changed the Federal Courts http://t.co/7wuS91krzy A good read from @JeffreyToobin Though I DO wish Reid+Obama started in 2009
57mreplyretweetfavorite
bmaz @HanniFakhoury Hey Fresno, Fakhoury is dangerous!!
1hreplyretweetfavorite
bmaz @Popehat You gotta admit, that was a brilliant plan by Berghdal to "just walk to another facility" in the middle of the night.
1hreplyretweetfavorite
bmaz RT @dcbigjohn: Reid became leader in large part due to his legislative acumen and deal making. Schumer, not so much. testament to changes i…
1hreplyretweetfavorite
bmaz From Waldorf to Hampton Inn: Inside elaborate, surprisingly unglam world of presidential hotels https://t.co/0wj5283LZf via @yahoopolitics
1hreplyretweetfavorite
emptywheel @JohnWonderlich Right. Bc GOP Chairs have had IGs in to complain abt not getting access -- what? 7 times?
2hreplyretweetfavorite
emptywheel RT @saftergood: CIA: "FOIA practitioners looking for an opportunity to serve their country are encouraged to apply." http://t.co/0QN1m88wVZ
2hreplyretweetfavorite
emptywheel RT @JohnWonderlich: bizarre that the WH is defending years of State Department IG vacancy -- "vibrant" office.
2hreplyretweetfavorite
emptywheel @Steve_U_DS Except those were targeted, at least ostensibly, at AQAP. Here they're targeting AQAP's internal adversary.
2hreplyretweetfavorite
September 2012
S M T W T F S
« Aug   Oct »
 1
2345678
9101112131415
16171819202122
23242526272829
30