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That the NDAA is fully enforceable right now is scary enough, but the details of the ruling are truly bothersome to those that have been following the rulings in the case.
First, a recap why §1021 was ruled unconstitutional and how the government reacted.
Journalists and activists sued to stop the provisions, which allow the government to indefinitely detain anyone who provides “substantial support” to the Taliban, al-Qaeda or “associated forces,” including “any person who has committed a belligerent act” in the aid of such enemy forces.
In May District Judge Katherine Forrest sided with the plaintiffs and ordered a temporary block on the grounds that the provisions are so vague they are unconstitutional under the First (i.e. free speech/press) and Fifth (i.e. due process) Amendments.
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