9.18.2012

Here we go again!

Indefinite Detention Ban Stayed By Appeals Judge In NDAA Case

A federal appeals judge gave the Obama administration the OK to keep enforcing its indefinite detention policy Tuesday, issuing a temporary stay of a ruling that had found the practice unconstitutional.

The stay, issued by Judge Raymond Lohier of the U.S. Court of Appeals for the 2nd Circuit, lasts until Sept. 28, when a three-judge appellate panel will hear the case.

U.S. District Judge Katherine Forrest, who sits in the Southern District of New York, had ruled against the administration last week, issuing a permanent injunction against section 1021 of the National Defense Authorization Act of 2012 on the grounds that it violates the First and Fifth Amendments.

Forrest also denied a stay request, rebuffing the argument of federal lawyers that stopping enforcement of the law does "irreparable harm" to the government.

The world, and thinking Americans, will be watching this Appellate Panel decision on the 28th of this month.

Their choosing to side with the Administration on this issue will be tantamount to them declaring that the Constitution and Bill of Rights no longer protects American citizens, and that Americans now live in a post-Constitutional republic.

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