Guest Post: Is The NDAA Lawsuit Headed To The Supreme Court?

Tyler Durden's picture


Via Michael Krieger of Liberty Blitzkrieg blog,

The NDAA lawsuit is one of the key topics we have written about over the past year or so.  For those of you that aren’t up to speed, one of the most popular posts we ever wrote was NDAA: The Most Important Lawsuit in American History that No One is Talking About.  Basically, Section 1021 of the NDAA allows for the indefinite detention of American citizens without charges or a trial.  Journalist Chris Hedges and several others sued Obama on the grounds of it being unconstitutional.  Judge Katherine Forrest agreed and issued an injunction on it.  This was immediately appealed by the Obama Administration to a higher court, which promptly issued a temporary stay on the injunction.

Yesterday, oral arguments began in front of this aforementioned higher court; the 2nd Circuit.  As Chris Hedges states in the interview below, if they win the case then it will likely be brought in front of the Supreme Court within weeks.  On the other hand, if the Obama Administration wins and the Supreme Court refuses to hear the appeal, Hedges states: “at that point we’ve just become a military dictatorship.”

To get a full update on the progress of the NDAA lawsuit make sure to watch this video.

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Sat, 02/09/2013 - 01:33 | 3228258 Demologos
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They will like it!

Sat, 02/09/2013 - 10:54 | 3228267 DaveyJones
DaveyJones's picture

that "war on terror" really does bring out the best in us

it was carefully chosen - no boundaries, no timelimits, no clear enemy - secret by definition 

don't hold your breath

SCOTUS has already dismissed cases where we tortured innocent guys

State Secrets and all

Then there's those crazy corporate citizens

What more evidence do you need

This place is pretty much gone

Sat, 02/09/2013 - 11:13 | 3228606 Ima anal sphincter
Ima anal sphincter's picture

it was carefully chosen - no boundaries, no timelimits, no clear enemy - secret by definition

You are SO right. Some blown up buildings and dead folks, then it's "murder for free" forever.

Sat, 02/09/2013 - 12:48 | 3228707 DaveyJones
DaveyJones's picture

that's the problem with the War on Terror, it drones on and on. It mutilates children. It puts up a million cameras but takes them down just as fast when there's something to hide. It calls an invasion democracy, torture an investigation, self destruction a future. And best of all, it's always worse than we know. All in the name of your safety, your liberty. Welcome to the darkest side of human nature  

Sat, 02/09/2013 - 04:19 | 3228333 cossack55
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But don't you see? All the male MSM's want to be like ole Joey Goebbels, getting to lay all the movie stars. All the female MSM's want to be Leni Reifenstahl and make wonderful documentaries showing how loyal to the state they are.  Pretty sickening group of supposed humans.

Fri, 02/08/2013 - 21:25 | 3227840 Overfed
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I, for one, would like to be the first to say "All hail Emperor O'bomb-a!"

Fri, 02/08/2013 - 21:25 | 3227841 DCFusor
DCFusor's picture

Too little, and much too late.  We're already a dictatorship.

Fri, 02/08/2013 - 23:02 | 3228064 Cabreado
Cabreado's picture

The opportunity to attempt to salvage or let it go permanently south comes but once in many centuries.

No, we're not a dictatorship.

We're a flailing mess, ripe for the picking.

Sat, 02/09/2013 - 09:59 | 3228507 kill switch
kill switch's picture

 What Stewart Rhodes and other believe will happen if the guns are banned....

While gun grabbers hoped the U.S. military would agree to fire upon American citizens who refused to turn in their guns, what really happened is that huge numbers of active duty soldiers announced they would never participate in military action against their own countrymen. In fact, inside the military there is rising talk of shooting commanding officers in the head if they order troops to fire on American citizens over gun rights issues.

• While the gun grabbers hoped to demonize gun owners and "shame" them into somehow feeling guilty about Sandy Hook, what actually happened is that gun owners found new courage and American pride, and they have loudly voiced their intention to wage a war of resistance against any government that attempts to take their guns.

• In New York state, where Mayor Cuomo managed to quickly shove through an illegal, unconstitutional gun control law, there is now open talk of armed resistance against the state government. Elsewhere, there is even talk that U.S. Senators who vote for gun control may see their own staffers and families targeted for assassination. As Stewart Rhodes said on InfoWars Nightly News on December 31st, 2012:

"They will be targeted. I think that if they pass this bill, legislators who vote for it will be assassinated... they're going to be military targets, too, and they're going to be killed. They think they're immune, but they're not. They cannot walk around with enough security to keep from being shot by a sniper." - Stewart Rhodes,

(For the record, Stewart Rhodes is not calling for this action. He is merely stating the obvious: that this is likely to take place if gun confiscation comes up for a vote in the U.S. Senate.)

It's not just Stewart Rhodes saying this, either. Robbie Cooper from says much the same thing:

"We all quickly agreed a violent revolution and rebellion would occur almost immediately [following a federal gun ban]. Most, if not all, members of Congress who voted for the ban / confiscation would be assassinated. And the very first prey that would find themselves in the scopes of the rebels would be the members of Congress who passed this ban and the members of the media who have been their willing mouthpieces and agents of propaganda."

Bob Owens from paints a similar picture:

"The 535 members of the House and Senate in both parties that allowed such a law to pass would largely be on their own; the Secret Service is too small to protect all of them and their families, the Capitol Police too unskilled, and competent private security not particularly interested in working against their own best interests at any price. The elites will be steadily whittled down, and if they cannot be reached directly, the targets will become their staffers, spouses, children, and grandchildren. Grandstanding media figures loyal to the regime would die in droves, executed as enemies of the Republic."

For the record once again, these people are not calling for such actions, they are merely predicting what is likely to take place.

Learn more:

As DaveyJones said this place is already gone

Sat, 02/09/2013 - 10:12 | 3228540 Moe Howard
Moe Howard's picture

Everybody is afraid to up or down you. LOL

I was in the Army.

We always said we would not fire on Americans. Back in 1972. Back in 2003.

A soldier does not have to follow an illegal order, esp. when life is at risk.

That is the regulation.

Sat, 02/09/2013 - 11:18 | 3228615 kill switch
kill switch's picture

Everybody is afraid to up or down you. LOL

Yes, the chilling effect!! I guess we are fucked, 1st amendment my ass....

Molon Labe,

Shit there’s a black SUV out front.


Kill Switch signing off!!

Sat, 02/09/2013 - 13:27 | 3228713 kill switch
kill switch's picture

Gun Control for Dummies...and the THIRD Amendment

 SUV false alarm, it was Corzine looking for the 1.6


Sat, 02/09/2013 - 15:47 | 3229061 Henry Hub
Henry Hub's picture

***We're already a dictatorship.***


Actually we're not quit there yet. The Supreme Court could stop NDAA in its tracks. We are all relying on the Court: Alito, Roberts,Thomas, Scalia... Oh God we're screwed!

Sat, 02/09/2013 - 17:37 | 3229295 WillyGroper
WillyGroper's picture

After Citizens United & the ACA being a tax?

We're fucked 9 ways to Sunday. We're going to see things most of us have never witnessed before & my gut says it's going to be ugly.

Fri, 02/08/2013 - 21:28 | 3227848 OutLookingIn
OutLookingIn's picture

Last peaceful "Due Process" chance at change.


Fri, 02/08/2013 - 21:55 | 3227918 UP Forester
UP Forester's picture

Ballot Box?


Jury Box?


Cartridge Box?

On back-order....

Fri, 02/08/2013 - 22:39 | 3228013 Angus McHugepenis
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Laws and courts were never set up to benefit the slaves.

Sat, 02/09/2013 - 12:32 | 3228688 kill switch
kill switch's picture

We have a legal system, not a justice system..

Corrections Corp of Amerika 90% occupancy rate demanded,,Judges can buy stock...

What a lovely combination.

Fri, 02/08/2013 - 22:31 | 3227999 MiltonFriedmans...
MiltonFriedmansNightmare's picture

The Supreme Court is in Bamo's back pocket.....didn't the Roberts vote in the Unafordable Health Care ruling illustrate the point?

Sat, 02/09/2013 - 01:55 | 3228269 DaveyJones
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you mean the tax?

Sat, 02/09/2013 - 09:10 | 3228468 Go Tribe
Go Tribe's picture

Whatever became of the Anonymous documents that were supposed to enlighten us about the courts? Those bastards are flaming pussies.

Fri, 02/08/2013 - 21:34 | 3227850 medium giraffe
medium giraffe's picture

USA Land, uber alles.......



"Fire up the Spitfires chaps, it's bally well happened again." :P

Sat, 02/09/2013 - 11:46 | 3228637 Atomizer
Sat, 02/09/2013 - 23:16 | 3229793 medium giraffe
medium giraffe's picture

touche :)

Fri, 02/08/2013 - 21:29 | 3227852 OutLookingIn
OutLookingIn's picture

Last peaceful "Due Process" chance at change.


Fri, 02/08/2013 - 21:32 | 3227854 Ima anal sphincter
Ima anal sphincter's picture

Courts, CONgress, White House..... it doesn't matter. They'll get what they want. Absolutely none of it will benefit the American people. Keep whittling away at the tree, soon it's a dead stump. We're just about there now. We can recover if WE want it. Our roots are strong and there IS an awakening going on. (Thanks to ZH and others)

If these pukes keep pushing.... the snap back is going to be hell.

Keep pushing mother fuckers...... I'm very much looking forward to that snap!

Sat, 02/09/2013 - 11:08 | 3228599 GetZeeGold
GetZeeGold's picture



They want the snap.....but I don't think they're going to get the snap they expected.

Sat, 02/09/2013 - 11:10 | 3228600 GetZeeGold
GetZeeGold's picture



Crap....the dreaded double post. Please just play through.

Sun, 02/10/2013 - 15:18 | 3230982 mkhs
mkhs's picture

Quit toying with my sense of deja vu.

Fri, 02/08/2013 - 21:32 | 3227855 jumbo maverick
jumbo maverick's picture

Does anyone think that obunghole would have agreed with NDAA when he was "teaching" constitutional law at university?

Fri, 02/08/2013 - 22:29 | 3227994 Obama4Ever
Obama4Ever's picture

You've got to say the right things in order to achieve dictatorial power. I mean, c'mon! You can't make it obvious what you're after from the get go.

Everything all proceeding according to schedule...

Sat, 02/09/2013 - 09:16 | 3228476 bunnyswanson
bunnyswanson's picture

NDAA could result in the snatching of potential leaders who present an opposing view.  Kidnapping, a political prison, we'd never know because he'd just disappear never to be seen again.  The abuse that could result from this is easy to imagine.  This is a coupe.  if you are not frightened, you should be if you live in America.  The terror alert warning is turned off, or at least paused.  This is being done in prepration for an implication of a govt which will not want taken down and one which they know will not be welcome.

Fri, 02/08/2013 - 21:38 | 3227870 Arkadaba
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Like that you featured this  -all I've read and seen of this person - smart and ethical.

Fri, 02/08/2013 - 21:37 | 3227871 q99x2
q99x2's picture

Time is moving forward. This can't be happening man. This can't be real.

Hope they go after fat people first.

Fri, 02/08/2013 - 21:41 | 3227886 Pure Evil
Pure Evil's picture

Lots of fat and juicy targets for hellfire missiles fired from drones overhead protecting us from domestic terrorists.

Fri, 02/08/2013 - 22:06 | 3227943 IridiumRebel
IridiumRebel's picture

"...and can I have extra mayo with that?....."  BOOM!

Fri, 02/08/2013 - 22:36 | 3228010 Angus McHugepenis
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Wouldn't be much of a chase unless the fatties couch somehow started rolling down a hill.

Fri, 02/08/2013 - 21:38 | 3227874 A Lunatic
A Lunatic's picture

Well, if they can't indefinitely detain us they'll have to play hardball and drone us from 30 thousand feet.......

Fri, 02/08/2013 - 21:39 | 3227880 Pants McPants
Pants McPants's picture

It's all theater.  Remember the Supreme Court consists of Presidential appointees who are confirmed by Congress.

Checks and balances?  Har har har.

Sat, 02/09/2013 - 01:58 | 3228272 DaveyJones
DaveyJones's picture

checks and money orders

Sat, 02/09/2013 - 11:30 | 3228627 GetZeeGold
GetZeeGold's picture



Don't forget the junkets.

Sun, 02/10/2013 - 15:23 | 3230987 mkhs
mkhs's picture

Don't laugh.  The last check is the barrel of a gun, and it isn't pretty.

Fri, 02/08/2013 - 21:45 | 3227892 rufusbird
rufusbird's picture

The news announcer/interviewer has my deep respect for knowing how to keep both her mouth and her ego in check, and let the man speak. Could all those assholes at CNBC take notes, and a lesson on manners, please?



Fri, 02/08/2013 - 22:01 | 3227932 IridiumRebel
IridiumRebel's picture

Like Piece of Shit Morgan?......I hate that fucker. I'd really like to give him a wedgie.....

Fri, 02/08/2013 - 22:34 | 3228005 Angus McHugepenis
Angus McHugepenis's picture

Don't forget to drop a few razor blades down the back of his shorts before you hook the waistband of his Fruit of the Looms to the bucket of a backhoe. That's the ultimate "Atomic Wedgie"!

Sat, 02/09/2013 - 01:01 | 3228232 Oldrepublic
Oldrepublic's picture

re morgan

Fri, 02/08/2013 - 21:52 | 3227908 IridiumRebel
IridiumRebel's picture

I attended a seminar from a "constitutional" lawyer at my university. He took questions and I asked about his thoughts on NDAA. He pretty much shut me down and said he had never heard of it and immediately took another question. Knowing what i know now and as confident of what I am trying to become, I would have pushed it...That moment made me understand that there are forces that are working diligently to fundamentally change this country. I am honestly thinking of picking up my marbles and just simply leaving this playground as i am frightened for what we may become and the absolute complicity of the media, law makers and dumbed down public. 

Fri, 02/08/2013 - 22:00 | 3227927 Overfed
Overfed's picture

Yaknow, I find myself thinkin' the same thing; just pack it up and leave this hole while it's still possible. But where the hell would I go? At least on paper, we still have more freedoms than most any country on earth, with the exception of the lawless third world shitholes. I'd look into one of those if I were a man of means, but I'm not. I'm afraid the only choice we freedom craving schmucks of ordinary means have left is to stand up and fight (literally) or get on the train to the re-education camp.

I'm gonna go clean my rifle now, and read a few technical manuals.

Sat, 02/09/2013 - 09:12 | 3228469 Go Tribe
Go Tribe's picture

Please do not leave. We need smart people who can drill a dime at 100 yards.

Sat, 02/09/2013 - 20:55 | 3229629 Overfed
Overfed's picture

I don't know about drilling a dime at 100, but I damn sure can make a headshot at 100 yards, with iron sights, and do it PDQ.

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