While Protecting Drone Strikes from Suit, DOJ Argues Courts Can't Enforce Constitutional Rights

A Washington federal judge today said she was "troubled" by the U.S. Department of Justice's position that the courts are powerless to hear a challenge of the government's ability to target and kill U.S. citizens abroad.

The government argued the court should dismiss a lawsuit brought by the families of American citizens killed in Yemen in 2011 by targeted missile strikes. Justice Department lawyers argued the court was barred from hearing a case that would require an assessment of sensitive military and political issues far outside its purview and ability to review.

U.S. District Judge Rosemary Collyer repeatedly expressed concern that the government's position would essentially strip U.S. citizens abroad of their constitutional rights. Deputy Assistant Attorney General Brian Hauck argued there was a difference between having a constitutional right—which he said could be protected by the executive and legislative branches—and being able to make constitutional claims in court. Collyer countered that not being able to access the courts would deprive citizens of the ability to enforce their rights.

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