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

* 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:

http://www.supremecourt.gov/opinions/09pdf/08-1498.pdf

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.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: