Judge grants stay to 'unconstitutional law' ruling

A federal appeals judge has granted an emergency stay to the Justice Department of a ruling that blocked as unconstitutional the law permitting the president to authorize indefinite military detention of those who he thinks "substantially support" terror groups.

U.S. District Judge Katherine Forrest ruled last week that the 2011 law was so vague and sweeping that it might permit detention of American citizens for their writing, and violated the First Amendment.

The Justice Department on Monday asked for an emergency stay from the 2d U.S. Circuit Court of Appeals, arguing that her injunction could interfere with ongoing military operations by barring the military detention of anyone under the law authorizing operations against al-Qaida, the Taliban and "associated" groups.

The lawsuit was brought by journalists and scholars who argued that they were at risk of detention if their writings were seen as propaganda. Government lawyers say that is an outlandish interpretation, out of keeping with the way the law has been applied since its provisions were first enacted in 2001 following Sept. 11.

The stay was issued late Monday night by Circuit Judge Raymond Lohier. He granted the stay until Sept. 28, when a panel of judges from the 2d Circuit will consider it.