New Order in Hedges

U.S. District Judge Katherine Forrest has issued this order clarifying the broad scope of the injunction in her earlier opinion striking down Section 1021 of the NDAA. The order does not rule on the government's motion for reconsideration on the plaintiffs's standing. Rather, it addresses the question of whether the injunction covers only the plaintiffs in this case or whether it applies more broadly--and Judge Forrest makes clear that she means the latter. "[T]he Government believes that the May 16 Order enjoined enforcement of Section 1021 solely against the named plaintiffs in this action," she writes. In her view, however, "the May 16 Order enjoined enforcement of Section 1021(b)(2) against anyone until further action by this, or a higher, court--or by Congress." She concludes: "the injunction in this action is intentionally expansive because 'persons whose expression is constitutionally protected [and not party to the instant litigation] may well refrain from exercising their rights for fear of criminal sanctions by a statute susceptible of application to protected expression.' This order should eliminate any doubt as to the May 16 Order's scope."