When 4th District Court Judge Katherine Forrest ruled the NDAA unconstitutional, there was wide rejoicing across the internet. Posts from prominent civil liberties activists like journalist David Seaman rang out with “VIICCTOOORRYY!” A Russia Today newscast, titled the ruling “NDAA Shot Down, But Threats Remain”, seemed to imply that the fight was over, or “on hold.” But it was only just beginning.
Do you remember, from your high school or college government courses, when they talked about the court having “neither the power of the sword nor the purse?” That means the High Courts of the United States cannot force the government to accept their ruling. They can heavily imply it, but they have no power to force government compliance. When the Supreme Court ruled against the government in Worcester v. Georgia, President Andrew Jackson is famous for having responded: “[Justice] John Marshall has made his decision, now let him enforce it.”
The tyrannical U.S. Government has taken the exact same tack with the ruling against them on the NDAA. But first, let’s quickly recap exactly how weak the government case in favor of the NDAA actually was. In Hedges v. Obama, the government routinely avoided the judge’s questions and demands: