May 19, 2010

Ninth Circuit dismisses International Boundary Commissioner’s claims against the President

By Ninth Circuit dismisses International Boundary Commissioner’s claims against the President

Author:  Brian T. Hodges

Earlier today, the Ninth Circuit Court of Appeals issued its opinion in Leu v. International Boundary Commission. As you undoubtedly recall, this is the case where former International Boundary Commissioner Dennis Schornack claimed that President Bush lacked the power to terminate his appointment as a commissioner. The Ninth Circuit disagreed. In a 4-page opinion, the Court held that Schornack lacked standing to bring his claim against the President, sought a remedy that was not authorized by law, and failed to bring a proper defendant into the suit.

The case will now be sent back to the trial court where the IBC, U.S., and Leus agreed to settle the dispute, allowing the Leus to enjoy their garden in peace.

The opinion can be found here.

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