A federal appeals court has ruled that the US government can still indefinitely detain citizens should it wish to do so, under the Obama Administration’s National Defense Authorization Act.
The ruling came in the form of an extension of an “emergency” stay of a district court judge’s order that had previously struck down the defence bill’s provisions altogether.
Last month District Judge Katherine Forrest permanently blocked the NDAA provision, saying that “First Amendment rights have already been harmed and will be harmed by the prospect of (the law) being enforced.”
However, the very next day the Obama administration moved to appeal the decision in an attempt to reinstate the indefinite detention provisions. The administration characterized the ruling by Forrest as unconstitutional.
Federal judge in New York, Raymond Lohier, then granted the Obama administration an “emergency” stay that temporarily blocks Forrest’s ruling.
Late yesterday, a three-judge motions panel of the U.S. Court of Appeals for the 2nd Circuit extended that stay, supporting the administration’s appeal and intimating that Forrest’s ruling is flawed.