(October 3, 2012) Appeals Court Restores NDAA's Indefinite Detention Provisions

A federal appeals court of three Obama-appointed judges has rejected a previous ruling barring the government from enforcing the indefinite detention provisions in a recent national defense bill.

Congress passed the National Defense Authorization Act last year, which includes provisions codifying indefinite detention for individuals suspected of allying with or supporting al-Qaeda or its affiliates.

Judge Katherine B. Forrest last month blocked the government from enforcing those particular statutes on grounds that they violate Constitutionally guaranteed rights to due process, in a case brought against the government by journalists and academics including Chris Hedges, Daniel Ellsberg, and Noam Chomsky.

The Obama administration immediately appealed Forrest’s ruling, asking for an "immediate stay," or suspension of the case’s proceedings. When Forrest denied the request, the government went to the Second US Court of Appeals in Manhattan and asked another judge for an emergency stay, which Judge Raymond J.