Hedges v. Obama en.m.wikipedia.org/wiki/Hedges_v._Obama 2012-12-12 Emergent Application to Vacate Temporary Stay of Permanent Injunction The group of journalists, activists, and academics, as well as a member of Icelands parliament around Christopher Hedges filed an application, a so-called Emergent Application to Vacate Temporary Stay of Permanent Injunction (docket 12A600, with the U.S. Supreme Court on December 12, 2012. With the application the group asked the Supreme Court to lift the stay pending appeal order issued by the U.S. Second Circuit Court of Appeals on October 12, 2012 and thus to put back into effect District Judge Forrests order from September 12, 2012 which permanently enjoined enforcement of § 1021(b)(2) of the National Defense Authorization Act for Fiscal Year 2012. The new application was filed with Justice Ruth Bader Ginsburg, who handles such emergency matters from the Second Circuit geographic area. She has the authority to decide the issue on her own, or share it with her colleagues. The application submitted by plaintiff attorney Bruce Ira Afran stated: Unless this Court lifts the stay, core constitutional rights will continue to be violated and the status quo that the military cannot detain civilians will be upended pending an appeal process that could take many months if not years. It also said that Americans are in actual and imminent danger of losing their core First Amendment rights and fundamental Equal Protection liberties. The application was denied by Justice Ginsburg in her individual capacity as a Circuit Justice on December 14, 2012. In her order Ginsburg pointed out to the case Doe v. Gonzales, in which Ginsburg said that the Court should hesitate to interfere with an appeals court that was proceeding on an expedited schedule to review a ruling against a federal law, and that, in any event, the Court should be cautious when such a law had been nullified in a lower court. 2012-12-21 Refile of Emergent Application to Vacate Temporary Stay of Permanent Injunction The 2012-12-12 Emergent Application to Vacate Temporary Stay of Permanent Injunction (Application 12A600) was refiled by the plaintiffs lawyers to the U.S. Supreme Court Justice Antonin Scalia on December 21, 2012. The entire Supreme Court held a conference in which it considered to lift the 2012-1012 U.S. Second Circuit Court of Appeals stay and to restore Judge Forrest permanent injunction. Application 12A600 was denied On February 19, 2013 meaning the Supreme Court didnt lift the U.S. Second Circuit Court of Appeals stay and indefinite detention under the NDAA stands. Appeal of 2013-07-17 Second Circuit Court of Appeals ruling On September 2, 2013, Christopher Hedges announced he, along with attorneys Carl Mayer and Bruce Afran, who originally brought the lawsuit against Obama, would again file papers asking the U.S. Supreme Court to hear an appeal of the Second Circuit Court of Appeals 17 July 2013 ruling on the act’s Section 1021. In an article titled Last Chance to Stop the NDAA, Hedges writes in his Truthdig column, I and my fellow plaintiffs have begun the third and final round of our battle to get the courts to strike down a section of the [NDAA] that permits the military to seize U.S. citizens, strip them of due process and hold them indefinitely in military facilities ... If Section 1021 stands it will mean, as Forrest pointed out in her 112-page opinion, that whole categories of Americans—and here you can assume dissidents and activists—will be subject to seizure by the military and indefinite and secret detention. The U.S. Government filled in March 2014 a brief arguing that petition for a writ of certiorari should be denied by U.S. Supreme Court. Hedges responded to this that he and his attorneys would respond within 10 days. The Supreme Court denied certiorari in an order issued April 28, 2014.
Posted on: Fri, 13 Jun 2014 14:39:34 +0000
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