– White House Says It’s Unconstitutional To Strike Down The NDAA (Business Insider, Sep 17, 2012):
The Obama administration had some harsh words Friday after a federal judge appointed by Obama said the government doesn’t have a right to indefinitely detain anyone even remotely associated with terrorist groups.Judge Katherine B. Forrest permanently blocked the government from enforcing the National Defense Authorization Act, claiming it was too vague and would have a “chilling effect” on free speech.
And now the Department of Justice is calling Forrest’s ruling “unprecedented,” arguing that the government has long had the authority to detain anyone it deems a threat to the county, The Wall Street Journal’s Law Blog reported Friday.
And on Monday, the Justice Department asked the U.S. Second Circuit Court of Appeals to put the ruling on hold, according to Law Blog.
Forrest’s ruling oversteps the court’s authority and infringes on Obama’s power to act as Commander in Chief, according to the government’s court filings.
The Justice Department requested a stay of the ruling pending appeal, which Forrest denied Friday.
Carl Mayer, an attorney for the plaintiffs in the case has hailed the decision as a “huge and historic victory for democracy,” saying he believes any challenges from the Obama administration will be shot down, RT reported over the weekend.