United States Second Circuit

The district court's decision permanently enjoining enforcement of Section 1021(b)(2) of the 2012 National Defense Authorization Act, which appears to permit the President to detain anyone who was part of, or has substantially supported, al-Qaeda, the Taliban, or associated forces, is vacated and remanded, where: 1) Section 1021 has no bearing on the government's authority to detain the American citizen plaintiffs and therefore those American citizen plaintiffs lack Article III standing; and 2) while Section 1021 does have meaningful effect regarding the authority to detain individuals who are not citizens or lawful resident aliens and are apprehended abroad, the non-citizen plaintiffs have failed to establish a sufficient basis to fear detention under the statute to give them standing to seek pre-enforcement review.

Appellate Information

• Decided 07/17/2013
• Published 07/17/2013

Judges

• KAPLAN

Court

• United States Second Circuit

Counsel