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The Water Cooler
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Katherine Forrest: A Constitutionalist Judge to Celebrate
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<blockquote data-quote="Raoul Duke" data-source="post: 2095805" data-attributes="member: 27529"><p><a href="http://www.bloomberg.com/news/2013-02-06/obama-appointed-judge-faces-test-over-ruling-against-terror-law.html" target="_blank">Military Arrest in Doubt as U.S. Fights Rookie Judge</a></p><p></p><p><em>Katherine Forrest, a federal judge appointed by President Barack Obama who less than a year later blocked a controversial military-detention law, will have that ruling tested when an appeals court hears the governments claim that her decision would irreparably damage national security.</em></p><p><em></em></p><p><em>Forrest, 48, a military-history buff, went from living on food stamps as a teenager to advising Time Warner Inc. and United Airlines Inc. as a corporate litigator. She then took a seven-figure pay cut on the path to her dream job as a judge, and was appointed to U.S. District Court in Manhattan in 2011.</em></p><p><em></em></p><p><em>Within months, Forrest blocked Obama and Defense Secretary Leon Panetta from enforcing part of the National Defense Authorization Act for 2012, rejecting arguments that she should defer to congressional and executive authority in national- security matters. The plaintiffs in the case said the law permits the military to arrest U.S. citizens for exercising their freedom of speech and of the press.</em></p><p><em></em></p><p><em>Here, the stakes get no higher: indefinite military detention -- potential detention during a war on terrorism that is not expected to end in the foreseeable future, if ever, Forrest wrote in a 112-page opinion. Presented, as this court is, with unavoidable constitutional questions, it declines to step aside.</em></p><p><em></em></p><p><em>Forrests move earned praise from both ends of the political spectrum, from Tea Party to Occupy Wall Street activists. The Obama administration, meanwhile, warned that the first-year jurist was threatening the ability of the U.S. military to fight terrorism on the battlefield. That ruling is set for oral arguments today before the U.S. Court of Appeals in New York.</em></p><p><em></em></p><p><em>Forrest should go down in history as having pulled this republic away from the abyss of hell, wrote Naomi Wolf, author of Give Me Liberty: A Handbook for American Revolutionaries. One follower of former Congressman Ron Paul, a Texas Republican, proposed a national Judge Katherine B. Forrest Day.</em></p><p><em></em></p><p><em>Groups including Gun Owners of America, the Conservative Legal Defense and Education Fund, the Bill of Rights Defense Committee and the Center for Media and Democracy have urged the appeals court to affirm Forrests decision. U.S. Senators John McCain, Kelly Ayotte and Lindsey Graham, all Republicans, filed a brief supporting the governments position.</em></p></blockquote><p></p>
[QUOTE="Raoul Duke, post: 2095805, member: 27529"] [URL="http://www.bloomberg.com/news/2013-02-06/obama-appointed-judge-faces-test-over-ruling-against-terror-law.html"]Military Arrest in Doubt as U.S. Fights Rookie Judge[/URL] [I]Katherine Forrest, a federal judge appointed by President Barack Obama who less than a year later blocked a controversial military-detention law, will have that ruling tested when an appeals court hears the governments claim that her decision would irreparably damage national security. Forrest, 48, a military-history buff, went from living on food stamps as a teenager to advising Time Warner Inc. and United Airlines Inc. as a corporate litigator. She then took a seven-figure pay cut on the path to her dream job as a judge, and was appointed to U.S. District Court in Manhattan in 2011. Within months, Forrest blocked Obama and Defense Secretary Leon Panetta from enforcing part of the National Defense Authorization Act for 2012, rejecting arguments that she should defer to congressional and executive authority in national- security matters. The plaintiffs in the case said the law permits the military to arrest U.S. citizens for exercising their freedom of speech and of the press. Here, the stakes get no higher: indefinite military detention -- potential detention during a war on terrorism that is not expected to end in the foreseeable future, if ever, Forrest wrote in a 112-page opinion. Presented, as this court is, with unavoidable constitutional questions, it declines to step aside. Forrests move earned praise from both ends of the political spectrum, from Tea Party to Occupy Wall Street activists. The Obama administration, meanwhile, warned that the first-year jurist was threatening the ability of the U.S. military to fight terrorism on the battlefield. That ruling is set for oral arguments today before the U.S. Court of Appeals in New York. Forrest should go down in history as having pulled this republic away from the abyss of hell, wrote Naomi Wolf, author of Give Me Liberty: A Handbook for American Revolutionaries. One follower of former Congressman Ron Paul, a Texas Republican, proposed a national Judge Katherine B. Forrest Day. Groups including Gun Owners of America, the Conservative Legal Defense and Education Fund, the Bill of Rights Defense Committee and the Center for Media and Democracy have urged the appeals court to affirm Forrests decision. U.S. Senators John McCain, Kelly Ayotte and Lindsey Graham, all Republicans, filed a brief supporting the governments position.[/I] [/QUOTE]
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