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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bmaz ESPN boys are talking up Ryan Lindley. Maybe NBC is paying them to hype tonight's game. Cause Lindley versus @DangeRussWilson is #SquawkTalk
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JimWhiteGNV @bsonenstein Thanks, Brian.
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bmaz Is Pat Lynch still employed as a spokesman for NYC cops today? If so, why? What a disgrace to men and women who wear the blue uniform.
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emptywheel @downi94 Broth is also really easy, so soup too.
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bmaz Hey, @mortreport just made a Burl Ives reference! Drink!!
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emptywheel Anthrax attack, which Bush rushed to blame on Iraq, remains unsolved. https://t.co/MqbHAwVvOS Maybe good lesson why not to rush v. NK?
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emptywheel @downi94 Roast a chicken (if you have a pan). Really really high return on simple prep.
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emptywheel @GregJKrieg People might actually start to question his factual claims when he can no longer pretend he learned it in a Top Secret brief.
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emptywheel @GregJKrieg In his own mind, absolutely.
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emptywheel RT @bmaz: As you wait for "independent" Goodell/NFL/Rice report of Robert Mueller Matchsticks recall he sandbagged Amerithrax https://t.co/
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