Group Asks Supreme Court to Reinstate Ban on Indefinite Detention
Lawyers for a group of journalists challenging the indefinite detention provisions of the Fiscal Year 2012 National Defense Authorization Act (NDAA) filed an “Emergency Application” with the U.S. Supreme Court on Wednesday. The motion asks the high court to set aside an appeals court’s stay of the favorable injunction against the NDAA obtained by the journalists/activists turned plaintiffs on September 12.
Specifically, the motion submitted to Justice Ginsburg by attorneys Bruce Afran and Carl Mayer on behalf of Chris Hedges and his co-plaintiffs requests that “the Supreme Court vacate a stay pending appeal entered on October 2, 2012 by the Court of Appeals for the Second Circuit."
Afran and Mayer argue that contrary to the judge’s opinion accompanying the stay of the earlier injunction, the lower court’s block of the enforcement of the NDAA’s indefinite detention provisions does not “interfere with the president’s management of ‘active hostilities.’”
Furthermore, should the stay of the injunction be made permanent and the president be allowed to exercise these extraordinary, historical, and unconstitutional powers, the plaintiffs and many Americans will be placed “in actual and imminent danger of losing their core First Amendment rights and fundamental Equal Protection liberties.”