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

Emptywheel Twitterverse
bmaz So, AZ Gov @dougducey and his fellow mental midgets in legislature are STILL underfunding schools+screwed Kid's Care https://t.co/gzZPmqoIT6
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bmaz @ed_kilgore @ryanlcooper @kdrum We can't have nice things because other side might try to take them away in a "backlash"? Pitiful logic.
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bmaz @7im Good grief no.
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bmaz RT @barrettmarson: Nice insensitive headline @AP Is it a crime to be close to your grandfather? https://t.co/JAtjJ7Rz5Z
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bmaz Trump is the natural progression and result of 30 yrs of Republican rot. Let them own and eat what they have sown. https://t.co/A7f57FmAZq
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bmaz Disagree completely. Trump is the duly elected face of a disastrous GOP and he should be normalized+painted as that. https://t.co/A7f57FmAZq
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bmaz My bet is no, but who knows, this thing is already off the deep end. https://t.co/Ue7qE5z7Uv
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bmaz Ohhh?? That ought to be rich. https://t.co/mfTeuP6TFa
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JimWhiteGNV It's my understanding that Santorum only flows out, never back in. https://t.co/TMyqiEsj9B
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JimWhiteGNV Trump is laughing his ass off that none of his competitors in the GOP primary were smart enough to declare bankruptcy and start over.
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JimWhiteGNV With Cruz and Kasich dropping out, now must be that strategic moment JEB! has been waiting for to hop back into the race.
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bmaz What about after 5 pm Columbus time? https://t.co/eTnpjBkZFC
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