Domestic Treaty Dispute Lacks Standing
On May 19, 2010 in Leu and Leu v. The International Boundary Commission et al., docket number 07-35949, the United States Court of Appeals for the Ninth Circuit vacated the District Court for the Western District of Washington's decision to deny the motions to strike all of the filings pertaining to defendant, Mr. Dennis Schornack on or after July 10, 2007.
The issue arose after Shirley-Ann and Herbert Leu brought a takings claim against the International Boundary Commission. The IBC is an international organization tasked with marking and maintaining the boundary between the United States and Canada. One of the defendants named in the case was Schornack who was one of two commissioners of the IBC at the time that the dispute occurred.
The filings in question are several documents that claim that Shornack was actually fired from the position of commissioner by the United States President. In 2002 the President had sent Shornack a letter dismissing him from the position and appointing David Berhardt, but Shornack vehemently disagreed that this action was within the President's power. Shornack claimed that 1) the treaties governing the establishment of the IBC did not give the President the power to fire him and 2) the department of justice has no business representing the IBC because it is an international organization.
The court cited a lack of jurisdiction under Article III of the United States constitution. The court also stated that because neither the President nor any high-ranking member of the executive branch is party to this suit the defendant's claim was not appropriate. The court went on to say that Schornack had elected to contest the lawfulness of the President's attempt to remove him by filing motion in a suit in which no executive-branch official is a party.
The court did not discuss Shornack's claim regarding the Department of Justice. The Department of Justice still represents the IBC in the district court. -- Laura P. Valle, Legal Assistant, Berliner, Corcoran & Rowe, LLP, Washington, D.C.
Thu, / Embassy Law Link