Janet Reno, Attorney General, et al. v. American-arab Anti-discrimination Committee, et al. (525 U.S. 471)
U.S. Supreme Court · decided February 24, 1999 · Supreme Court Database (Spaeth)
- Citation
- 525 U.S. 471 · 119 S. Ct. 936
- Decided
- February 24, 1999
- Term
- October Term 1998
- Vote
- 8–1
- Majority author
- Justice Scalia
- Issue area
- Civil Rights
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Justice Scalia delivered the opinion of the Court. Respondents sued petitioners for allegedly targeting them for deportation because of their affiliation with a politically unpopular group. While their suit was pending, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), 110 Stat. 3009-546, which contains a provision restricting judicial review of the Attorney General’s "decision or action” to "commence proceedings, adjudicate eases, or execute removal orders against any alien under this Act.” 8 U. S. C. § 1252(g) (1994 ed., Supp. III). The issue before us is whether, as petitioners contend, this provision deprives the federal courts of jurisdiction over respondents’ suit. I The Immigration and Naturalization Service (INS), a division of the Department of Justice, instituted deportation proceedings in 1987 against Bashar Amer, Aiad Barakat, Julie Mungai, Amjad Obeid, Ayman Obeid, Naim Sharif, Khader Hamide, and Michel Shehadeh, all of whom belong to the Popular Front for the Liberation of Palestine (PFLP), a group that the Government characterizes as an international terrorist and communist organization. The INS charged all eight under the MeCarran-Walter Act, which, though now repealed, provided at the time for the deportation of aliens who “advocate . . . world communism.” See 8 U. S. C. §§ 1251(a)(6)(D), (G)(v), and (H) (1982…
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