United States DC Circuit

In an action for damages based on a U.S. missile strike against a pharmaceutical plant in Sudan that the President believed was connected to the terrorist activities of Osama bin Laden, the dismissal of the complaint is affirmed, where the action presented a nonjusticiable political question, because it challenged the reasons for the President's decision to launch the attack.

Appellate Information

• Argued 04/07/2008
• Decided 03/27/2009
• Published 03/27/2009

Judges

• Before:  GINSBURG, HENDERSON, and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Christian G. Vergonis argued the cause for appellants.   With him on the briefs were Stephen J. Brogan, Timothy J. Finn, and Katherine E. Stern.


• For Appellees:
  
• C. Frederick Beckner III, Deputy Assistant Attorney General, U.S. Department of Justice, argued the cause for appellee.   With him on the brief were Jeffrey S. Bucholtz, Acting Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, and Mark B. Stern and Dana J. Martin, Attorneys.