Second Circuit Vacates District Court Injunction on Indefinite Detention

I blogged here about Judge Forrest’s opinion for the district court in Hedges v. Obama, and at the time I called the district court opinion “quite puzzling.” Today’s Second Circuit opinion vacating Judge Forrest’s injunction is here. From the Second Circuit’s conclusion:

In sum, Hedges and O’Brien do not have Article III standing to challenge the statute because Section 1021 simply says nothing about the government’s authority to detain citizens. 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, Jonsdottir and Wargalla have not established standing on this record. We VACATE the permanent injunction and REMAND for further proceedings consistent with this opinion.

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