Hey! Our side wins one for once. Check it out:

[ProSense]

23. I don't think he is.

Federal Judge Blocks Indefinite Detention Provisions Of NDAA

A federal judge in Manhattan has blocked enforcement of provisions of the National Defense Authorization Act (NDAA) which allow the government to place individuals they claim supported al Qaeda, the Taliban or “associated forces” in indefinite military detention.

“Before anyone should be subjected to the possibility ofindefinite military detention, the Due Process Clause of the Fifth Amendment requires that individuals be able to understandwhat conduct might cause him or her to run afoul of [the law],” wrote District Judge Katherine Forrest. “Unfortunately, there are a number of terms that are sufficientlyvague that no ordinary citizen can reliably define such conduct.”

Forrest ruled that Congress “can add definitional language to the statute and resolve the issues the plaintiffs have raised” and “resolve the issues with the statute and proceed with enforcement activities it deems fit.” But for now, there are “a variety of other statutes which can be utilized to detain those engaged in various levels of support of terrorists,” so enjoining enforcement of the provisions “does not divest the Government of its many other tools.”

President Barack Obama signed the law in December despite his objections to the military detention provisions of the statute. The administration later issued guidelines in February which essentially made it nearly impossible for a terrorism suspect to end up in the hands of the military.

- more -

http://livewire.talkingpointsmemo.com/entries/federal-judge-blocks-indefinite-detention-provisions-of-ndaa

We've seen how the government can pursue cases (see DOMA) on technicalities when the administration's position is clear. The President does not support the provision.