Newcomb
Freedom to Travel Campaign v. Newcomb
Opinion
Concurrence in Part
Kozinski, J.
joining in part and concurring in the judgment in part:
I reach the same result as the majority, but am unable to join all of its opinion. Specifically, I can’t sign on to much of the discussion about the validity of the Trading With the Enemy Act or the Cuban Assets Control Regulations because the issues aren’t ripe for review. FTC did not apply for, and suffer denial of, a specific license under the regulations; under Reno v. Catholic Social Servs., Inc., 509 U.S. 43 , 113 S.Ct. 2485 , 125 L.Ed.2d 38 (1993), it is therefore precluded from challenging the statute and regulations on grounds other than the First Amendment. 1 I thus join the opinion only to the extent it holds that FTC’s First Amendment claim is ripe for review, see maj. op. at 1434, and without merit, see maj. op. at 1441.
I
Plaintiffs in CSS were illegal aliens who might have been entitled to an adjustment of immigration status under the Immigration Reform and Control Act of 1986. CSS held that those plaintiffs who had not applied for and been denied such an adjustment were, by virtue of that fact, precluded from facially challenging two INS regulations governing their entitlement to the adjustment. Id. at…
Lead Opinion
Hall, J.
Opinion by Judge HALL; concurrence by Judge KOZINSKI.
Freedom to Travel Campaign (“FTC”) and other appellants challenge the constitutionality of certain restrictions imposed on travel to Cuba by the Cuban Assets Control Regulations, 31 C.F.R. Part 515 (1994). The district court denied FTC’s motion for a preliminary injunction and granted the Treasury Department’s motion for summary judgment upholding the regulations. The district court had jurisdiction to consider these claims under 28 U.S.C. § 1331 , and we have jurisdiction under 28 U.S.C. § 1291 . We affirm.
I.
Plaintiff-appellant FTC organizes educational trips to Cuba. Intervenor-Appellants are three individuals wishing to visit Cuba with the Freedom to Travel Campaign. 1 FTC challenges the Cuban Asset Control *1434 Regulations which restrain its right to travel to Cuba. These regulations were promulgated shortly after President Kennedy announced the 1962 Cuban trade embargo that prohibited United States residents from engaging in certain enumerated economic transactions with Cuba without a license. See 31 C.F.R. Part 515 (1963).
The Regulations currently restrict travel to Cuba by banning nearly all economic transactions…