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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:
"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 stressed that Americans are "in actual and imminent danger of losing their core First Amendment rights and fundamental Equal Protection liberties."
On December 14, Ginsburg denied their request. She claimed it improper to interfere with appeals judges expediting their ongoing review. She said caution should be exercised in light of nullifying a lower court ruling.
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