The latest appeals court extended the stay, undermining Judge Forrest's ruling that the government should be barred from enforcing the law.
"We conclude that the public interest weighs in favor of granting the government's motion for a stay," Appeals Court Judges Denny Chin, Raymond Lohier and Christopher Droney wrote in a statement on their ruling.
The appeals court ruled that, since the government has promised that citizens, journalists, and activists are not in danger of being detained as a result of this law, it is unnecessary to block its enforcement.
Both parties in the case have been directed by the court to file reply briefs in the next few months, through to December, after which a new calendar date will be scheduled to argue the case again. So, at least for the next few months, the NDAA's detention provisions are in effect.