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View Diary: Obama Fights to Retain NDAA Power to Detain US Citizens in Military Custody. (71 comments)

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  •  no, I didn't miss the point (1+ / 0-)
    Recommended by:
    divineorder

    but I also think to make it sound like indefinite detention, of anyone, citizen or not, has become the law on an appeal that hasn't been heard yet is terribly misleading for readers who  think its over and all is lost.

    The Courts may yet continue to strike down indefinite detention.  I have my doubts about the Supreme Court.   But right now, this was not the end of the appeal and it is misleading to say it is.

    •  Really? I read the title and the diary and didn't (0+ / 0-)

      get that impression.

      The comments don't seem to see it that way, either.

      SW can get under some people's skin though...

      •  second paragraph (0+ / 0-)

        I think he just made an error in describing what happened:

        The new ruling in favor of Obama's right to detain Americans in military custody comes a week after a federal judge struck it down, and ruled it unconstitutional.  The administration appealed the decision and won.
        The administration appealed and won is not what has happened yet.   The appeal hasn't been decided, no court has yet said this law is constitutional.  I think that is important because it means this isn't over.

        What the administration did win is a stay, which isn't all that hard to win because laws are presumed to be valid and that is a hard presumption to overcome on a stay.  But ultimately has little to do with the final outcome, for example see the litigation on Prop 8 in California.  

        I think many people don't understand the arcane procedural twists of federal litigation.  It is far from self-evident.  So any diarist that wants to put out diaries on the course and meaning of federal case law needs to be careful to separate the procedural from the substantive battles in the case when reporting.

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