Unless you were living under a rock at the time, you probably remember the outcry in 2012 over the indefinite detention provisions contained in the NDAA of 2012. Well, that law never went away. Those same provisions were reinstated in the NDAA of 2013 and again in the NDAA of 2014. There were some who held out hope that a supreme court case challenging the constitutionality of the law might overturn it through official channels. Unfortunately last week the Supreme Court dashed those hopes by outright refusing to hear the case. Apparently the plaintiffs "lacked standing".
Chris Hedges, one of the seven individuals who filed the lawsuit explained the Supreme Court's ruling as follows:
It said that because we could not show that the indefinite-detention law was about to be used against us, just as we could not prove government monitoring of our communications, we could not challenge the law. It was a dirty game of judicial avoidance on two egregious violations of the Constitution.
Basically what the Supreme Court ruling says is that if the Federal government passes a law that blatantly violates the constitution and which gives them the power to violate your rights, you do not have standing... until that government actually decides to use that power. On you personally.
So... you're supposed to file your lawsuit AFTER you get kidnapped in the middle of the night and whisked off to a secret military detention facility (or when you have proof that it's about to happen). Right.
The whole point of the right to a fair trial is to be able to present evidence in your defense to a jury of your peers. If you aren't guilty you may then have a chance of getting out, but not with the NDAA. The NDAA erases the right to a fair trial. If you get put in a military gulag and held indefinitely you're not going to get a chance to sue the federal government.
The ruling is a joke, and it drives yet another nail in the coffin of the U.S. government's aura of legitimacy.
Only thuggish, police states abolish the right of habeas corpus. The fact that they are clinging to this power so tightly, refusing to even allow arguments to be heard in court, tells us that they fully intend to use these provisions some day. You would have to be a bit naive to assume otherwise.
There is however some hope. People Against the NDAA has been running campaign to help people learn how to nullify the NDAA on the local level, and they've had several big successes.