Humanitarian Law Project v. Mukasey

We are once again called upon to decide the constitutionality of sections 302 and 303 of the Antiterrorism and Effective Death Penalty Act (“AEDPA”) and its 2004 amendment, the Intelligence Reform and Terrorism Prevention Act (“IRTPA”).

I. OVERVIEW

Section 302(a) of AEDPA, Pub.L. 104-132, 110 Stat. 1214 (1996), codified in 8 U.S.C. § 1189 , authorizes the Secretary of State (the “Secretary”) to designate a group as a “foreign terrorist organization.” Section 303(a) makes it a crime for anyone to provide support to even the nonviolent activities of the designated organization. See 18 U.S.C. § 2339B(a). Specifically, 8 U.S.C. § 1189 (a)(1) authorizes the Secretary of State

8 U.S.C. § 1189 (a)(1).

The pertinent facts may be found in prior published decisions in this case. See Humanitarian Law Project v. Reno, 205 F.3d 1130 (9th Cir.2000) (“HLP I”), cert. denied, 532 U.S. 904 , 121 S.Ct. 1226 , 149 L.Ed.2d 136 (2001); see also Humanitarian Law Project v. United States Dep’t of Justice, 352 F.3d 382 (9th Cir.2003) (“HLP II”), vacated, 393 F.3d 902 (9th Cir.2004). We, therefore, set forth only a brief overview of the facts of this ease.

Plaintiffs are six organizations, a retired…