Friday, September 23, 2011

Ninth Circuit -- AL HARAMAIN ISLAMIC FOUNDATION V. UNITED STATES DEPARTMENT OF THE TREASURY

Substantial evidence supports designation of Islamic organization as terrorist.

Where government did not pursue additional mitigation measures after denying access to classified materials related to the decision (e.g. nonsecret summaries of classified information), Matthews v. Eldridge procedural DP violation.

Procedural DP violation in not presenting statement of reasons for decision.

Freezing assets without warrant violated 4A.

Barring speech on behalf of the designated organization (e.g. joint press conference) violates 1A.

AL HARAMAIN ISLAMIC FOUNDATION V. UNITED STATES DEPARTMENT OF THE TREASURY
Category tags above cover slip opinions 7/2011-10/2011; 11/2012 - present, give or take a few days. Notably non-comprehensive in scope. Do not rely. Do not rely. Do not rely.

NB: Tag categories are added on an ad hoc basis - recently added ones will therefore have fewer cases than one might think. In general, this is quick work -- not every case gets the tags that a committee of 50 scholars would assign it after a week's worth of debate. Do not rely, supra.

Author's SSRN page here.

These summaries and tags are quickly prepared each weekday evening by a law student who has skimmed parts of the opinion. Click on the case name in the body of the post to download the slip opinion.

Slip Opinions For: