Al-Aulaqi v. Obama
727 F. Supp. 2d 1
D.D.C.2010Background
- Al-Aulaqi sues the President, the Secretary of Defense, and the Director of the CIA in DC federal court seeking to enjoin targeted killing of his son Anwar outside armed conflict.
- Plaintiff alleges Anwar is a U.S.-Yemeni citizen in Yemen, associated with AQAP, designated SDGT by OFAC.
- Plaintiff asserts four claims on his son’s behalf: Fourth/Fifth Amendment rights and notice, plus an ATS claim against U.S. policy of targeted killings.
- Defendants move to dismiss on standing, political question, equitable discretion, ATS lack of a cognizable claim, and state secrets privilege.
- Court addresses threshold jurisdiction before merits; holds lack of standing defeats the action and rules against ATS and political-question defenses.
- Procedural posture includes a November 8, 2010 motions hearing and a pending dismissal posture on multiple threshold grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to sue | Al-Aulaqi claims next-friend/third-party standing for his son. | Plaintiff cannot satisfy Whitmore/ Powers requirements. | Plaintiff lacks standing; case cannot proceed on merits. |
| Alien Tort Statute viability | ATS covers state-sponsored extrajudicial killing against aliens. | No recognized norm of present-day international law supports threatened killing; no sovereign waiver. | ATS claim fails; no cognizable private right against ongoing/future government action. |
| Political question doctrine | Case involves non-justiciable national security/military policy. | Issues implicate executive decisions regarding force abroad. | Political question doctrine bars judicial review. |
| State secrets privilege | State secrets could be revealed to adjudicate claims. | Privilege could bar essential evidence. | Court declines to reach privilege given other dispositive grounds; dismissal affirmed on other bases. |
Key Cases Cited
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (U.S. 1992) (injury-in-fact, causation, redressability requirements as standing core)
- Whitmore v. Arkansas, 495 U.S. 149 (U.S. 1990) (next friend standing prerequisites; limitations outside habeas context)
- Schlesinger v. Reservists Comm. to Stop the War, 418 U.S. 208 (U.S. 1974) (separations of powers and justiciability concerns in military/policy disputes)
- Baker v. Carr, 369 U.S. 186 (U.S. 1962) (political question framework factors)
- Sosa v. Alvarez-Machain, 542 U.S. 692 (U.S. 2004) (high bar for new ATS/private international-law actions; caution in extending ATS)
- El-Shifa Pharm. Indus. Co. v. United States, 607 F.3d 836 (D.C. Cir. 2010) (political question/foreign-affairs; limits on judicial review of military decisions)
- Haitian Refugee Ctr. v. Gracey, 809 F.2d 795 (D.C. Cir. 1987) (third-party standing relationship-based limits context)