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Hedges v. Obama : ウィキペディア英語版
Hedges v. Obama

''Hedges v. Obama''〔Hedges et v. Obama, U.S. District Court for the Southern District of New York, No. 12-cv-331 and Hedges et v. Obama, 2nd U.S. Circuit Court of Appeals, No. 12-3176〕〔〔 is a lawsuit filed January 13, 2012 against the Obama administration and members of the U.S. Congress〔 by a group including former ''New York Times'' reporter and current Truthdig columnist Christopher Hedges, challenging the National Defense Authorization Act for Fiscal Year 2012 (NDAA).〔 The legislation permits the U.S. government to indefinitely detain people "who are part of or substantially support Al Qaeda, the Taliban or associated forces engaged in hostilities against the United States".〔
The plaintiffs contend that Section 1021(b)(2) of the law allows for detention of citizens and permanent residents taken into custody in the U.S. on "suspicion of providing substantial support" to groups engaged in hostilities against the U.S. such as al-Qaeda and the Taliban〔 respectively that the NDAA arms the U.S. military with the ability to imprison indefinitely journalists, activists and human-rights workers based on vague allegations.
The principal allegation made by the plaintiffs against the NDAA is that the vagueness of critical terms in the NDAA could be interpreted by the U.S. federal government in a way that authorizes them to label journalists and political activists who interview or support outspoken critics of the Obama administration's policies as "covered persons," meaning that they have given "substantial support" to terrorists or other "associated groups".
A federal court in New York has issued a permanent injunction blocking the indefinite detention powers of the NDAA but the injunction was stayed by the Second Circuit Court of Appeals pending appeal by the Obama Administration. On July 17, 2013, the Second Circuit Court of Appeals overturned the district court's permanent injunction blocking the indefinite detention powers of the NDAA because the plaintiffs lacked legal standing to challenge the indefinite detention powers of the NDAA. The Supreme Court declined to hear the case on April 28, 2014, leaving the Second Circuit decision intact.
==History summary==
In May 2012, a federal court in New York issued a preliminary injunction which temporarily blocked the indefinite detention powers of the NDAA (section 1021(b) (2)) on the grounds of unconstitutionality. On August 6, 2012 federal prosecutors representing President Obama and Defense Secretary Leon Panetta filed a notice of appeal with the 2nd US Circuit Court of Appeals hoping to eliminate the ban.〔 The following day arguments from both sides were heard by U.S. District Judge Katherine B. Forrest during a hearing to determine whether to make her preliminary injunction permanent or not.〔 On September 12, 2012, Judge Forrest issued a permanent injunction, but this was appealed by the Obama Administration on September 13, 2012.〔 A federal appeals court granted a U.S. Justice Department's request for an interim stay of the permanent injunction, pending the Second Circuit's consideration of the government's motion to stay the injunction throughout its appeal.〔 The court also said that a Second Circuit motions panel will take up the government's motion for stay pending appeal on September 28, 2012.〔〔〔 On October 2, 2012, the Second Circuit Court of Appeals ruled that the ban on indefinite detention will not go into effect until a decision on the Obama Administration's appeal is rendered.〔〔 The U.S. Supreme Court refused on December 14, 2012 to lift the stay pending appeal order issued by the U.S. Second Circuit Court of Appeals on October 2, 2012.〔 Oral arguments were heard before the U.S. Second Circuit Court of Appeals on February 6, 2013.〔〔 The U.S. Supreme Court refused again on February 19, 2013 to lift the stay pending appeal order issued by the U.S. Second Circuit Court of Appeals on October 2, 2012.〔(【引用サイトリンク】url=http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/12a600.htm )〕 The Second Circuit Court of Appeals overturned on July 17, 2013 the district court's ruling which struck down § 1021(b)(2) of NDAA as unconstitutional because the plaintiffs lacked legal standing to challenge it.〔 The Supreme Court denied certiorari in an order issued April 28, 2014.〔〔

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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