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, it'll hear pro and con arguments.
If it upholds her injunction, expect the Supreme Court to decide.
Bruce Afran is one of several attorneys representing plaintiffs. He called the government's concern unfounded. Forest's injunction doesn't touch its separate AUMF powers. "The general thrust of (its) argument seems to be that the president and Congress are immune from judicial review."
No matter which way the Second Circuit or perhaps Supreme Court rules, this issue is far from resolved. At the behest of Obama or Romney if he's elected, Congress can pass new overriding legislation. It happened several times during the Bush administration.
If so, we're back to square one. Repression will continue unchecked. With or without NDAA, it's largely that way now. America isn't fit to live in. A new dark age dawned no matter which party wins in November.
Stephen Lendman lives in Chicago and can be reached at Email address removed .
His new book is titled "How Wall Street Fleeces America: Privatized Banking, Government Collusion and Class War"
Visit his blog site at sjlendman.blogspot.com and listen to cutting-edge discussions with distinguished guests on the Progressive Radio News Hour on the Progressive Radio Network Thursdays at 10AM US Central time and Saturdays and Sundays at noon. All programs are archived for easy listening.