U.S. Will Not Seek Supreme Court Review of Due Process Ruling in Al Haramain Case

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July 11, 2012

The U.S. Solicitor General has decided not to file a request for Supreme Court review of the Ninth Circuit Court of Appeals ruling in Al Haramain v. Treasury. That ruling upheld a lower court ruling that procedures used by the Department of Treasury to shut down the Al Haramain Islamic Foundation of Oregon (AHIF-OR) in 2004 are unconstitutional. 

On Feb. 27, 2012 the Ninth Circuit denied a Department of Justice petition for re-hearing. After getting a thirty day extension to make a decision, the Solicitor General, who represents the government in Supreme Court proceedings, declined to file for review by the June 29, 2012 deadline. This leaves the Ninth Circuit’s decision in place as the last word on the constitutional issues, putting Treasury in the position of changing its regulations to comply with the ruling or continuing with a process that the courts have found to be constitutionally deficient. A similar court opinion stands after settlement of the KindHearts case.