United States Ninth Circuit

In action brought by a Japanese-American resident of Los Angeles and a non-profit organization challenging the City of Glendale’s installation of a public monument commemorating the 'Comfort Women,' an unknown number of women that South Korea asserts, but Japan disputes, were forced to serve as sexual partners to members of the Japanese Imperial Army during World War II and the decade preceding it, the District Court's dismissal is affirmed where: 1) plaintiffs had standing because the 'inability to unreservedly use' Glendale's Central Park, where the monument was installed, constituted an injury in fact for purposes of Article III standing; but 2) plaintiffs had not plausibly claimed that Glendale’s actions were preempted under the foreign affairs doctrine, and the Supremacy Clause does not preempt a local government's expression, through a public monument, of a particular viewpoint on a matter related to foreign affairs.

Appellate Information

• Published 2016/08/04

Judges

• WARDLAW

Court

• United States Ninth Circuit

Counsel