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+4Email 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
bmaz @ScottGreenfield That is Dara Lind, @DLind She is very cool and does excellent work. She is not your average Voxer.
5mreplyretweetfavorite
bmaz RT @emptywheel: Ya'll know the best way to make yummy turkey is to slather it all with bacon, right? http://t.co/nqlLQ4ABlh
7mreplyretweetfavorite
bmaz @nickmartin Cool. Let me know and we will get lunch again or something. Happy holidays!
8mreplyretweetfavorite
bmaz @nickmartin You back for Christmas this year?
14mreplyretweetfavorite
bmaz Would have been better if Obama had spared the life of Abdulrahman Awlaki instead of turkeys Mac and Cheese, but bygones I guess.
25mreplyretweetfavorite
bmaz @ggreenwald @benwizner I really wanted to be ED BALLS, but will settle for First Sea Lord.
29mreplyretweetfavorite
bmaz @DevlinBarrett @johnson_carrie No kidding. I am not sure why anybody, including notably the press, ever gave the thought credence.
32mreplyretweetfavorite
bmaz @nickmartin Are you back here?
35mreplyretweetfavorite
emptywheel @nickmanes1 Cool! You bringing samples back?? Though I should confess that was a bit after my time...
39mreplyretweetfavorite
bmaz Missouri Gov. @GovJayNixon is an embarrassment to his state. If he won't appoint a special prosecutor, he should be recalled from office.
1hreplyretweetfavorite
bmaz The Obama White House wouldn't lift a finger to fight for Goodwin Liu, but will go to mat for Wall St. bankster Weiss http://t.co/xH4YNe3eOM
1hreplyretweetfavorite
emptywheel @FakeAlexTimes That was last years. Just put the bacon on before you stick in oven.
2hreplyretweetfavorite
September 2012
S M T W T F S
« Aug   Oct »
 1
2345678
9101112131415
16171819202122
23242526272829
30