"If, following issuance of this permanent injunctive relief, the government detains individuals under theories of "substantially or directly supporting' associated forces, as set forth in' the National Defense Authorization Act, and a contempt action is brought before this court, the government will bear a heavy burden indeed."
Plaintiffs successfully argued that ambiguous language like "substantially supported," "associated forces," and "directly supported" leave them and others vulnerable to lawless indefinite detention.
In response to Judge Forrest's ruling, administration officials appealed. They said she exceeded enjoining NDAA's Section 1021.
They claimed doing so "threatens irreparable harm to national security and the public interest by injecting added burdens and dangerous confusion into the conduct of military operations abroad during an active armed conflict."
They granted a stay on her injunction. She questioned 2001 Authorization for use of Military Force (AUMF) interpretation. Its language and NDAA's Section 1021 aren't the same, she said.
"They are not co-extensive. Military detention based on allegations of 'substantially supporting' or 'directly supporting' the Taliban, Al Qaeda, or associated forces, is not encompassed within the AUFM and is enjoined by this order regarding" NDAA.
Obama officials argued she overstepped. She took "it upon (herself) to disagree with an interpretation of the military's detention authority that had previously been endorsed by all three branches of government," they claimed.
"What is more, (she) expressly invites actions for contempt sanctions if the military exercises detention authority in a manner inconsistent with the court's deeply flawed understanding of that authority."
In June, she issued a preliminary injunction against enforcing statute provisions she questions. While appealing her ruling, Obama officials didn't block it.
After making her injunction permanent, they asked for an emergency stay. They claimed she made an "unprecedented" ruling. They said it affects wartime matters.
On September 17, Second Circuit Court of Appeals Judge Raymond Lohier issued a one-page order. It stayed Forrest's decision until a three-judge panel rules.
On September 28, arguments were heard. Judgment rendered said banning indefinite detention is disallowed until further consideration on Obama's appeal is heard.
On December 12, attorneys Carl Mayer and Bruce Ira filed an emergency appeal with Supreme Court Justice Ruth Ginsburg. They cited gravely compromised constitutional rights. They petitioned for injunctive relief (Emergent Application to Vacate Temporary Stay of Permanent Injunction).
They requested reinstating Judge Forrest's ruling. Ginsburg handles these type emergency matters. She can decide on her own or request other colleagues join her.
Application language said: