Judge Katherine Forrest of the U.S. District Court for the Southern District of New York issued a preliminary injunction on Wednesday preventing the Obama administration from exercising the indefinite detention authority ostensibly granted the President by Section 1021 of the National Defense Authorization Act for 2011.
President Obama is under fire after passing a so-called “Executive Order” threatening anyone, including American citizens, who interferes even “indirectly” with the transition to power of the new U.S. government-backed dictator of Yemen. Analysts expressed concern that the measure could be an attack on the First Amendment protection of free speech rights, suggesting that journalists and activists who oppose the Yemeni regime might find themselves targeted by the administration’s newly super-charged terror war.
The almost certainly unconstitutional dictate, signed on Wednesday following a string of controversial orders in recent months, declares a “national emergency” to justify the almost-unprecedented restrictions on political activity. The order purports to give Treasury Secretary Tim Geithner broad powers to, among other measures, freeze the assets of whoever the administration claims is attempting to undermine “the peace, security and stability” of Yemen or obstruct the new regime’s consolidation of power. No trial is required.
On Monday, U.S. District Court Judge James Boasberg ruled against the National Labor Relations Board’s (NLRB) “ambush rule” that would greatly shorten the time an employer had to defend against an effort to unionize his business, from 42 days to 10 days.
With five board members, the NLRB needs a quorum of three to pass any “administrative” rules but when the “ambush rule” was promulgated by the union-friendly board, only two were present.
Americans who wish to reverse the growing power of the federal government only need to remember that any federal law that is unconstitutional has no legal effect and that the states can stop unconstitutional laws at their borders via nullification.