REPOST: NDAA Section 1032 B(2) NYC Federal Judge Issues Perminant Injunction Blocking LawSubmitted by LeftThinkingRight on Thu, 09/13/2012 - 10:41
update: Posted this last night, looks like it got burred. This ruling makes permanent the temporary injunction issued in May of this year.
The case is Hedges v. Obama, 12-cv-00331, U.S. District Court, Southern District of New York (Manhattan).
A federal judge permanently blocked enforcement of a U.S. law that opponents claim may subject them to indefinite military detention for activities including news reporting and political activism.
U.S. District Judge Katherine Forrest in Manhattan today ruled that the law, passed as part of the National Defense Authorization Act for 2012, is unconstitutionally vague.
“Here, the stakes get no higher: indefinite military detention -- potential detention during a war on terrorism that is not expected to end in the foreseeable future, if ever,” Forrest wrote in a 112-page opinion today. “The Constitution requires specificity -- and that specificity is absent” from the law.
Forrest made permanent a preliminary injunction against the law that she ordered in May, ruling today that the statute violates rights guaranteed by the First, Fifth and 14th Amendments to the U.S. Constitution. The government is appealing Forrest’s May order.
Ellen Davis, a spokeswoman for U.S. Attorney Preet Bharara in Manhattan, declined to comment on the ruling.
The suit was filed Jan. 13 by a group including former New York Times reporter Christopher Hedges. The plaintiffs contend that Section 1021(b)(2) of the law allows for detention of citizens and permanent residents taken into custody in the U.S. on “suspicion of providing substantial support” to groups engaged in hostilities against the U.S. such as al-Qaeda and the Taliban.
The plaintiffs claim the law is vague and can be read to authorize their detention based on speech and associations that are protected by the Constitution.
I'm sure this will not be the last of it but today was a major victory for people all over the world.