The Bill of Rights Defense Committee recently coordinated the filing of three amicus (friend of the court) briefs in Hedges v. Obama, a lawsuit in the Second Circuit Court of Appeals challenging domestic military detention under the National Defense Authorization Act (NDAA) of 2012.
The suit was brought by journalists and activists concerned about being subjected to indefinite military detention if they interview subjects hostile to the US, and secured a permanent injunction earlier this year from Judge Katherine Forrest of the US District Court for the Southern District of New York.
The briefs coordinated by BORDC support the position of the plaintiffs and provide additional arguments to inform the court’s decision. One brief was filed on behalf of BORDC, arguing that when the government has previously used military domestic detention it has taken extreme steps to evade the oversight of the federal courts, and thus it is now especially important for the Second Circuit to decide the constitutionality of the NDAA, so that the government does not later avoid the courts’ oversight.
The other briefs were filed on behalf of the Government Accountability Project, which defends whistleblowers, and the the Korematsu Center, which seeks to combat discrimination and to support communities in advocating for themselves. Both of these briefs were recently highlighted by the Huffington Post, in an article that also points out “7 Ways to Get Yourself Indefinitely Detained.”
Oral argument in the case is anticipated to be before the Second Circuit Court of Appeals in New York City in January. Updates can be found on BORDC’s blog and at StopNDAA.org. You can also find others organizing across the country against the NDAA on BORDC’s national map of anti-NDAA movements. Read more about each brief after the jump.