Wednesday, June 6, 2007
Anthony Sebok has an interesting Writ column analyzing a lawsuit filed last week by the ACLU against Jeppesen Dataplan, Inc., a Boeing subsidiary that allegedly helped the CIA move suspected terrorists from Country A that does not permit torture to Country B that permits torture. (CBS has a report on the suit; a copy of the complaint is available on the ACLU's website).
The ACLU has sued under the Alien Tort Statute (ATS). Sebok discusses why the suit under the ATS "might work," while a suit under the Federal Tort Claims Act would fail. But, Sebok ultimately concludes the the federal court should dismiss the case under the political question doctrine.