Public Interest

Politico reports that the 3 justices reviewing Judge Katherine Forrester's decision blocking the indefinite detention of Americans as unconstitutional have extended a temporary stay on her order, and as requested by the Obama administration, concluding that "the public interest weighs in favor" of granting the government's motion.

2nd Circuit Appeals Court Judges Denny Chin, Raymond Lohier and Christopher Droney wrote the three-page order that expedites the appeal going next to another 3 judge panel.  Last month, Lohier blocked Forrester's order using what is called, "an administrative stay."

The order states:

 [...] First, in its memorandum of law in support of its motion, the government clarifies unequivocally that, "based on their stated activities," plaintiffs, "journalists and
activists[,] . . . are in no danger whatsoever of ever being
captured and detained by the U.S. military." (Mot. for Stay 1).
Second, on its face, the statute does not affect the existing
rights of United States citizens or other individuals arrested in
the United States. See NDAA § 1021(e) ("Nothing in this section
shall be construed to affect existing law or authorities relating
to the detention of United States citizens, lawful resident
aliens of the United States, or any other persons who are
captured or arrested in the United States."). Third, the
language of the district court's injunction appears to go beyond
NDAA § 1021 itself and to limit the government's authority under
the Authorization for Use of Military Force, Pub L. 107-40, 115
Stat. 224 (Sept. 18, 2011). In light of these and other factors,
see In re World Trade Ctr. Disaster Site Litig., 503 F.3d 167,
170 (2d Cir. 2007), we conclude that the interests of justice
would best be served by granting a stay of the district court's
permanent injunction.[...]

What does that mean?  More here from Michael Kelley, Business Insider (photo credit/AP).