Christopher Hedges v. Barack Obama, et al. Amicus Brief for U.S. Congressman Steve Stockman, et al. in the United States Court of Appeals for the Second Circuit

Michael Harless Constitutional Law, U. S. Court of Appeals, Second Circuit

Today our firm filed an amicus brief in the case of Christopher Hedges v.Barack Obama, et al. in the United States Court of Appeals for the Second Circuit in support of appellees and affirmance. This lawsuit challenges the National Defense Authorization Act (“NDAA”) of 2012’s illegal detention provision. Our firm also filed an amicus brief earlier in this case with the district court.

Our amicus brief shows that the NDAA detention sections were written to be subject to various interpretations. Next, it argues for the rejection of the government’s argument, that plaintiffs have no standing to challenge NDAA Section 1021(b)(2) on its face because the section is not a regulation of “primary conduct.” Further, our amicus brief argues that the unconstitutionality of NDAA Section 1021(b)(2) under the First and Fifth Amendments is not foreclosed by the law of war. Last, it urges the court of appeals that as a member of the third branch of the federal government, it has a duty to address the constitutional issues in this case as repeatedly asserted by the several states.

Our amicus brief was filed on behalf of U.S. Congressman Steve Stockman, Virginia Delegate Bob Marshall, Virginia Senator Dick Black, Downsize DC Foundation, DownsizeDC.org, Gun Owners Foundation, Gun Owners of America, Inc., U.S. Justice Foundation, Institute on the Constitution, Conservative Legal Defense and Education Fund, The Lincoln Institute for Research and Education, The Western Center for Journalism, Tenth Amendment Center, Center for Media and Democracy, Restoring Liberty Action Committee, U.S. Border Control, Policy Analysis Center, Constitution Party National Committee, Pastor Chuck Baldwin, and Professor Jerome Aumente.

Link to brief