Update: Ninth Circuit denies rehearing in Leu v. IBC


Author: Daniel Himebaugh

The U.S. Court of Appeals for the Ninth Circuit will not rehear the appeal in Leu v. International Boundary Commission.

You may recall that this is the case in which former International Boundary Commissioner Dennis Schornack claimed that President Bush lacked the power to terminate his appointment as a commissioner.  In May, the Ninth Circuit disagreed, holding that Mr. 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.  Now that the court has denied rehearing, the only remaining appeal is a petition for certiorari to the U.S. Supreme Court.

This suit was originally pursued by PLF on behalf of Herbert and Shirley Leu, who challenged the IBC's authority to force them to remove a garden wall from their backyard.  For more information, please see our past posts:

June 29: The Leus' garden blooms despite legal battle

May 19: Ninth Circuit dismisses International Boundary Commissioner's claims against the President

May 18: Armed conflict on the streets of Washington?

May 5: Court hears oral argument in Leu v. IBC

April 6: Ninth Circuit to hear the case of the little garden that could (topple a federal official)