Challenge to U.S. Support of Contras Dismissed

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Tuesday, October 1, 1985
Author: 
Bruce Zagaris
Volume: 
1
Issue: 
2
Abstract: 
On August 13, 1985, in Sanchez-Espinoza et al v. Reagan, et al, U.S. App. D.C. No.83-1997, the U.S. Court of Appeals for the District of Columbia affirmed the dismissal of an action challenging the Reagan Administration's alleged support of the contra forces in Nicaragua.  On appeal, the principal issue was whether the Alien Tort Statute, 28 U.S.C. 1350 (1982), confers jurisdiction over suits against officers of the U.S. alleging violation of international law by the U.S. Government; whether the nonresident alien appellants can maintain an action for damages to vindicate their asserted rights under the 4th and 5th amendments to the U.S. Constitution, or under any of the several statutes relating to U.S. foreign and miltary affiars; and whether the Congressional appellants can obtain judicial relief for the Executive Branch's alleged violation of the constiutional provision reserving to Congress the power to declare war.