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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nmewn's picture

"as long as you stick to the "freedom and responsibilities" line, for everyone, irrespective of sex, I'm there!"

I've always tried Cat.

Like when I said that an individuals right to owning gun(s) is something to be jealously guarded by the people (all the people) against attacks by the state on that right (well intentioned or not). Throughout history when the state wants total control it disarms the people. And I specifically had in mind the abused or the weak, whether it was a man or a woman...but especially women, my bias ;-)

With all rights comes reponsibility.

Cathartes Aura's picture

yeah, I get the right to guns argument.  I was referencing the right to not have the government monitor a woman's body fertility, which is supposedly an "old story" now, and yet! 

A bill introduced by nine Republican state lawmakers in Iowa on Wednesday would define abortion as "murder," sending doctors and raped women who terminate pregnancies to jail.

Republican state Rep. Rob Bacon, who is co-sponsoring the bill, told the Ames Tribune that he wanted to "protect the life of the unborn" because "[t]here’s still some of us that believe life begins at conception."

and not to be outdone by their neighbours, Alabama is working the same vein,

A Republican lawmaker in Alabama says that he wants to pursue a so-called "personhood" bill outlawing abortion rights for women because the Bible proves that a fetus "is life inside of a mother," but he's not sure if "aborted babies" are going to Heaven or Hell.

McGill explained that his interpretation of Psalm 22 made it clear that life began at fertilization.

"Just based on the Scripture alone, the Psalm that talks about God knowing us before he placed us in our mother’s womb, is enough for me to know that that is a life inside of a mother," he said.

"So my question concerning aborted babies is, where do they go, heaven or hell?"


inevitable I suppose, these *ideas* won't die off, even though humans will. . . my favourite comment in the second post's thread,

"McGill explained that his interpretation of Psalm 22 made it clear that life began at fertilization."

What part of "Seperation of Church and State" did you miss in school you fuckstick?

"So my question concerning aborted babies is, where do they go, heaven or hell?"

Thats a question for you and your religious leader, not the rest of us, and certainly not something to be entered into legislation you stupid dipshit!

luckily everyone still has a right to their guns, since this will obviously be settled in time honoured fashion. . .


nmewn's picture

Are we going to do this again? ;-)

If I get what you're don't want the state dictating (by law) what can or cannot be done with a human fetus or zygote as you call them.

So you would agree the state should not be in the business of funding (by law) abortions either?

Cathartes Aura's picture

no, we're not going to "do this again" - if you can't understand my point by now, and insist on making this a "money/taxes" issue, then it's a dead end.

voting to allow government the rights over a woman's body, in the guise of monitoring her fertility to make sure that IF she gets pregnant, she's in lockdown until birth - that's the logical, unthinkable outcome of this, something more unreal than a TSA grope, a DNA bank, a chip to give one access to purchasing via pixels, all of it.  if your mind, or anyone else's here cannot see the inevitable path this draconian regressive "religious" bullshit is leading to, even with all the other "hints" at present, then what's to say?

sure, women can pile themselves behind barricaded doors when the fertility police come to test their monthly cycle, and they can go out in a blaze of glory, shooting up anyone who challenges their right to body privacy.

makes a great meme. . .

by the way, the "zygote, as you call them" line tells me you're not paying attention to the legal definitions being used by these "lawmakers" - "zygote" being "person" and gaining "personhood" - that's a blind spot nmewn, words have legal use in this nationstate, legal use against the people.

nmewn's picture you're going to plead the fifth.

"Freedom and responsibilities"

So on the one hand, everyone should be free from state interference in the bedroom but the state (or better said the taxpayer) should bear any and all consequence of that activity for some.

Sounds completely "free" of any "responsibility" whatsoever to me ;-)

DaveyJones's picture

Me too, Campbell clan -  onery. Fought for the Bruce against the English at the Battle of Bannockburn in 1314 during the Wars of Scottish Independence.

Miffed Microbiologist's picture

A compatriot! It all falls into place. The land of the free and home of the brave.....Scotland :-)


Cathartes Aura's picture

your post prompted curiousity in me DaveyJones, so I looked up the dates for outer planets (these always herald the changes long term/large scale, aka "national/global"). . .

Uranus was in Sagittarius, a fiery, future-oriented, impressionable sign which includes beliefs put forward as truths, be they religion or rulership/national - Uranus always upsets the current reality favouring change, and is that who will not be obeyed, heh. . . Pluto, yet to be discovered, was in Pisces, which can be representative of religion, particularly Christ-ian, Pisces symbol being the Fishes, very Jesus. . . Pluto is the "death" of whatever archetypal sign it sit in. . .death/rebirth. . .

so, ANYHOW, heh, Pluto was in early Pisces circa 1314, Uranus in late Sagittarius. . . ripe for rebellion against the Divine Rule of English Kings, and ready to prove it by any means necessary. . .

At dawn the Scots ate their breakfast and advanced out of the wood to face the enemy. Medieval battles were seen as the judgement of God; it was important to have the saints on your side, and so, in the midst of the Scots schiltroms, Abbot Bernard of Arbroath carried their ancient lucky talisman, the Breccbennach (or Monymusk Relquary), which held the relics of St Columba.

Bruce himself made a speech invoking the power of St Andrew, John the Baptist and Thomas Beckett. Then, according to the chronicler Walter Bower: "At these words, the hammered horns resounded, and the standards of war were spread out in the golden dawn."

Abbot Maurice of Inchaffrey walked out in front of the army, led mass and blessed the Scots as they knelt in prayer. On seeing this, Edward II is reputed to have said: "Yon folk are kneeling to ask mercy." Sir Ingram de Umfraville, a Balliol supporter fighting for Edward, is said to have replied: "They ask for mercy, but not from you. They ask God for mercy for their sins. I'll tell you something for a fact, that yon men will win all or die. None will flee for fear of death." "So be it", retorted Edward.

good tale, even if it's the BBC version.

just now, we have Pluto in Capricorn, symbol of institutions built from beliefs, and archetype of Corporations, NationStates, Laws. . . being squared (90dg angle/tension requiring adjustment/outcome) by Uranus in Aries - god of War, planet of Fk OFF!!

there will be blood.  and there will be change, over time as always, eh . . .  (my peeps also come from that same area, west lowlands, south and east of Campbell-town)

DaveyJones's picture

my favorite kilt battle story goes back to the Romans. The Romans got a sip of their heather ale (heather in place of hops) and offered them a deal if they would give them the recipie. They refused and beat them back.

Cathartes Aura's picture

with a hearty "fuck off!!" and a lifted kilt bare backside for visuals, no doubt!


Miffed Microbiologist's picture

Yes! I especially liked the part where Nmewn subtly entices CA ( who fiercely guards her anonymity) into revealing herself. Penetrating the persona for a future engagement. I can't wait to see the next installment.


Cathartes Aura's picture

that's just weird, as my perception is that I give away too much information, rather the opposite of "anonymity" - ha!

in the past I've gotten some whining about this being a "trading blog" and enough with the personal style posts, though to be honest, I'll post what I like and just take the hate/red votes - but I do sometimes try to keep my topics to replies, and rarely instigate "off topic" unless the thread is dying/dead - then it's fair game, IMO.  as I've said, I come here to argue, to learn from others doing the same - I'm rather more polite in person, so this is a great format to play in.

also, as I'm not married, have no children, and sans a "career" - those are common topics shared as personal, yes? - maybe that makes it seem as though I'm more "anonymous" than most?

of course, if it comes to music, I can't be trusted not to link something if it pops into my head. . . I have an ever-present soundtrack, and quite often it lyrically coincides with a moment of "real time" in a way that stops me, frozen in time, full.

and it makes me want to share - if I'm *here* then I apologise to all who can't bear anything but "math" - heh.

Miffed Microbiologist's picture

Oh CA, I'm sorry. I was just joking when I posted that. I am a terrible tease in real life which is impossible to do on a blog effectively. One just appears to be an asshole not having the nuance of body language or inflection of voice. You have a florid style of writing. Rich, almost poetic. To me, it's mysterious and open ended. Me? I'm in the world of qualitation and quantification. My world is stark black and white. I impart facts to those who need them. No flourish in my prose. Quite boring really.

Being a Pisces ( moon in Aries I might add) this has been quite a challenge for me. Decisions are exceedingly difficult for me due to the fact I have trouble coaxing my fish to swim in unison. My mother loved astrology. Some of my earliest memories were getting an Ephemeris at the local head shop in San Francisco. We never got along very well due to the fact she was a Libra ( her explanation).

I also feel a little guilty posting person issues here though I do it frequently. I try never to hijack a thread which is just bad manners. But this thread has run its course and I agree it's fair game. Just because we aren't traders doesn't mean we don't have valid points of view or opinions. Some of the most insightful comments here have been people not in the biz. Quite a motley crew of characters make this place interesting and keep me coming back. But this certainly is not the place for people who are offended easily or have weak intestinal fortitude. I've been slammed a few times here, anonymity certainly makes some giddy with power. Feel free to verbally challenge me if desired. I'm sure you'll find my jugular exposed at some point though I won't profess to be a good debater ( can't get my fish to swim in one direction and get paralyzed thinking of all contingencies and outcomes) :-)


Cathartes Aura's picture

wild hair directed me back to this thread, which I was *done* with - so glad I did come back, the astrological info you leaked is the best bait (bored, cold weather "advisory" here, so it's indoors *grrr*). . .

Pisces Sun, the symbolism of the "fishes swimming in opposite directions" - you're not meant to get 'em focused on one path, even if your moon would desire this, the Pisces route is to acknowledge the whole (All That Is) even though you may seem to believe in a certain path, you accept that you need to realise the parts are what make up the whole, and we are all "parts" - also the fish archetype includes the meme:  fish don't acknowledge the water, it's reality for them, in the way ours is for us - put us underwater, or a fish on land, neither survives. . . we all have our place(s).  this is a pisces "lesson" of acceptance, particularly of others, compassion.

the balance of the Pisces lesson is to find a piece of the whole, and learn it well - specialising (which you do, of course!) - this gives you a way to be of service to the whole, to feel a part of all that is.  when you (often) feel overwhelmed by the whole, you can retreat to what you know to be true, your piece of the whole, and also compassion for others who don't quite get "it" yet. . .applied to self, incrementally, as well.

now, the Aries Moon - there's the Fire that causes steam in your pisces water!  the moon archetype often represents "Mother" (with Saturn the Father, although these can be reversed depending on the parents), and if your mother is a Libra, then the moon in your chart exemplifies a struggle with "her" and her attempting to socialise you into an identity you don't fit.  it's where the unConcious (moon) battles with the cultural story vs. the self-identity (our social upbringing, vs. our personal truths, which is completely the Aries archetype, me first!  your libra mother would be allll about relationships of every type, how others feel, and how she can fit into others lives. . . depending on the rest of her chart, of course - I'm only pointing out superficially how she might "feel" to you, from your perspective.

with regards "manners" here, well, I'm still holding to the Fight Club meme, if someone is deliberately thread-jacking, then it can get pointed out, and whatever follows, does.  the "more personal" stuff shows up in little pockets all over the site, and that's a part of the whole - if someone wants to address that, fine, but not with the whine of "this is a trading site!!" because sorry, ZH is more than that, and less at times.  there's "personal" woven into most posts, even the ones who only post the same old lines all day, heh. . .

Aries Moon. . . this is a great place to try on that hat!!


Sparkey's picture

That is interesting, I've never met a persom named Scotish, is it an Irish name?

Sean7k's picture

A patriot is someone so enamored with an ideal, they choose to forego critical thinking. They choose to be morons and in doing so, they congratulate themselves on their service to that ideal. 

nmewn's picture

Would the partisans of France fighting against Hitler fall into this category?

Sean7k's picture

Yes, if their reason was patriotism. If they were fighting for their liberty, that's a different animal. Hard to see the difference between Hitler and central bankers ( except the bankers are more destructive ) and France was a vassal of the Rothschilds. There are ZERO good governments, therefore, all patriots are morons or ignorant to impossible degrees of irresponsibility.

nmewn's picture

So I take t you've given up on a societal structure? Which is government, however elemental.

There is no wrong and I can survive by our talents in both circumstances...its just a question.

Falconsixone's picture

One mans patriot is some narcissistic dictatorial pinko fags terrorist.

Sean7k's picture

I've given up on what we presently call government. Societal structure is a whole other subject. I've given up on coercion as a means for governing. The essence of the State MUST be voluntary. I understand what humans are and their limitations. Any governing structure that allows for the desemination of power without permission of each individual will result in tyranny.

It is not efficient, it is not organized, it has no set purpose, but it is liberty. Who knows, after a couple of hundred years, we might have it down to a science. What I do know for certain, we have totalitarianism now, we had totalitarianism before and we will have brutalizing totalitarianism in the future and the payment in death to eliminate it will be astronomical- and it will get worse with every passing year

nmewn's picture


Lets just try not to kill each other while in the process of eliminating it.

Sean7k's picture

That would be my hope, but like I said, I understand the limitations of humans. 

Moe Howard's picture

The category was "the very few" unless you believe hollywood history.

TheGardener's picture

To be a partisan in France was a matter of style like being
an Artisan in Rome. Wrong background, bad style , but were
young and needed the money.

Filthy life artists. But in the francophone parts of today`s
Charlemagne`s reign it is still the rule to embrace all the wrong things like the Jacobines slogan engraved on french Euro coins., so I better stop
whining or they get me deported to my drone-home...

Lucius Cornelius Sulla's picture

One man's "patriot" is another man's "terrorist".

TheGardener's picture

Idealistic ignorance ! Sir !

Next question please, Sir !

Blank stare, even more taxing attitude, insecure body
gestures : Your point, please ! While looking down.

I meant to say an ideal allegiance in a patriot way to
counter patriotism ! Yes , Sir!

Poor Grogman's picture

"The illegal we do immediately. The unconstitutional takes a little longer"

Henry Kissinger, New York Times, Oct. 28, 1973

Cathartes Aura's picture

earle!  dude!  getting jiggy with the verbiage!

upvoted, lol.

Angus McHugepenis's picture

Type your comments into Word, format the font, and then paste them into the comment section if you want to get stylish. I haven't tried it but that's what I would do.

fuu's picture

Or just highlight the letters you want to change and click the X2 or X2 buttons on the style bar in the comment box.

Angus McHugepenis's picture

Fuu: I use Tor. No formatting functions even show up. They did a couple weeks ago but not now.

fuu's picture

Well then you do what works for you.

Lady Heather...UNCLE's picture

Very articulate man...but Americans (US that is) need to understand that your history, from the revolution and founding fathers themselves, has been a manuscript, a manipulation. As end game approaches, the irony of the world's great democracy, by legerdemain, transitioning to dictatorship will be seen as no longer as that (ie ironic) . A  deeper sojourn down the rabbit hole will expose that this was the intention from day one, it was the constitutional republic bit of history that was the illusion ...the dictatorship bit was always the reality.

IridiumRebel's picture

I do not think so.....if that were true, guns would have been dealt with years ago. 

Cathartes Aura's picture

nah, "the guns" meme is working fine - this is capital-ism, the manufacturers are profiting hella, AND most folks use the guns laterally.

crowd control and all. . .

IridiumRebel's picture

maybe so, but I do not buy this...."plan has been in motion for hundreds of years" shit. People give these fuckers too much credit. They are scared, because they know we still hold some power and it is those guns that punctuate that fact. This is why they want all of the surveillance and unmanned drones....and the guns.

Cathartes Aura's picture

the drones are part of the whole plan, surely, since they've been in use by OTHER nationstates for years now - and given that amrka is the "armed forces" for the global soup thang, it's only natural that the local polices (state, city, etc.) are getting the toys now too.

I'm old enough to remember cops before they robo'd - and to remember "bobbies" walking the beat in britain too, sans guns.  in fact, one of the first things I remember clearly was the relaxing between my shoulders when out in public in London, having come from a major (crime) city in amrka - I genuinely felt the missing tension while walking alone, late at night, coming back from clubs, etc. - I suppose being female I had an extra dose of fear instilled from a young age, but it was quite a revelation to me at the time.

anyhow, I don't believe "they" are "scared" in the least - the ones I'm referencing most likely never even encounter the overwhelming majority of "humanity" - everyone else arranged in the downward pyramid of hierarchy is just doing what they believe they're told.

besides, at what point do you suppose the "power" and the guns are going to group together and do anything? genuine question!  how many will be in this group?  and what will it do?  are you familiar with Philadelphia's MOVE organisation, and what happened?  and that was nearly 30 years ago, one can only imagine the horrors in store for any real "resistance" to the plot. . .

IridiumRebel's picture

There will be no "armed resistance". Change will come via the law. If people take up arms, it will further undo their right to bear arms. That is understood and you can watch any debate with that smarmy mouthpiece Piers Morgan. He gets regularly, verbally destroyed by numerous pro-gun folks. His only defense is turning up his mic. We have had drones on our borders for many years. The good news is that enough people here in 'Merica do care about our freedoms and become politically active. We do not roll over like Ye Ol' Brits and accept advances against our "inalienable rights". This is why the NRA is such a huge lobby and why our Constitution has lasted mostly unchanged. They try via erosion to change our laws, but it does not work. They will keep trying, but we are hard wired over here to the pursuit of liberty. They try to make us out as drooling Kardashianesque fools, but most people are fairly plugged into the reality. It is "their" arrogance that will be the hindrance and undoing. It's about numbers. "They" are outnumbered and they know it. This is why they try these campaigns for change. It will not work. The truth shall win. They may win some battles, but ultimately, the "war" will be won by folks like me who will not go silently into that good night. Knowledge will be the weapon that works the best. Make sure you remove any and all large knives so as to keep in compliance with the advance of the Nanny State that cares so much for to keep those revenues coming in. 

tip e. canoe's picture

"I don't believe "they" are "scared" in the least"

on the contrary, i would make the case that "they" (if we agree for the purposes of this discussion on who "they" are without going into further detail) are scared shitless, if only by observing the reflection of a society currently molded in their image.

DaveyJones's picture

'm with tip. Their actions demonstrate their fear.

nmewn's picture

And their paranoia, in a majority of us finding out what they've been up to all these years.

From front-running the laws they create in their own stock trading accounts for personal excluding themselves from the laws they create for everyone else to destroying the very value of the nations currency with every Continuing Resolution passed, instead of debating an actual budget to live by and for all to see.

They've been very naughty little boys & girls up there.

flapdoodle's picture

To me the great tragedy continues to be that the government in power in the USA rushed into totalitarianism just as soon as the technical means to do so became available.

The Constitution, that document believed by the naive to provide some kind of sacred barrier to the tyranny of the elites in the US, was ripped through like so much toilet paper (NDAA only being one example), although truth be told it has long suffered insult and injury since the time of  Lincoln, the establishment of the Fed, FDR and the neo-Cons, of which Obama is the ultimate expression - the latter fooling the less perceptive into believing he is the opposite of the clown who came before him...

nmewn's picture

True, the guns meme is working just fine...its keeping everyone from discussing the bone crushing effects of socialized ObamaCare & bureacrat statists spending like drunken communists trying to kick the can long enough to collect a pension off the backs of their grandchildren.


Sean7k's picture

I suggest you study our early history and mechantilism. The founding fathers wanted a king, to limit democratic passions and limit representation to those with money and land. Of course, you won't read this in a standard textbook- seek out the revisionists and more modern efforts.

FeralSerf's picture

The Federalists, yes.  The Democratic-Republicans, not so much.  Both of them believed that the uneducated and unwashed were not capable of participating in ruling.

Sean7k's picture

Marbury v Madison was all it took to make Jefferson a federalist. The Louisiana Purchase? All the treaty gave us was New Orleans, St.Louis and the right to navigate the rivers in the territory. We were supposed to buy land from the Natives. Talk is cheap, actions define people.