2339B upheld by SCOTUS in Holder v. Humanitarian Law Project

June 21, 2010

* Holder v. Humanitarian Law Project (SCT June 21, 2010)

In a 6-3 decision authored by Chief Justice Roberts (joined by Justices Stevens, Scalia, Kennedy, Thomas, and Alito), the Supreme Court has overturned a Ninth Circuit ruling insofar as it had held portions of 18 USC 2339B (the 1996 material support statute) to be unconstitutional. The full opinion is posted here:


It time permits, I will circulate a summary of the analysis later today. Suffice to say for now that the majority was persuaded that the sort of activity the plaintiffs sought to engage in would facilitate the capacity of DFTOs to cause harm.