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HOLDER v. HUMANITARIAN LAW PROJECT

Nos. 08-1498, 09-89.

130 S.Ct. 2705 (2010)

561 U.S. 1

Eric H. HOLDER, Jr., Attorney General, et al., Petitioners, v. HUMANITARIAN LAW PROJECT et al. Humanitarian Law Project, et al., Petitioners, v. Eric H. Holder, Jr., Attorney General, et al.

Supreme Court of United States.

Decided June 21, 2010.

Attorney(s) appearing for the Case

David D. Cole, for petitioners in 09-89.

Solicitor General Elena Kagan, for petitioners in 08-1498.

Elena Kagan, Solicitor General, Counsel of Record, Department of Justice, Washington, D.C., for respondents.

David D. Cole, c/o Georgetown Univ. Law Center, Washington, DC, Counsel of Record for Respondents/Cross-Petitioners Humanitarian Law Project et al., Shayana Kadidal, Jules Lobel, Joshua M. Rosenthal, Center for Constitutional Rights, New York, NY, Richard G. Taranto, Farr & Taranto, Washington, DC, Clifford Y. Chen, Watkins, Bradley & Chen LLP, New York, NY, Carol Sobel, Santa Monica, CA, Paul Hoffman, Schonbrun, De Simone, Seplow, Harris and Hoffman LLP, Venice, CA, Visuvanathan Rudrakumaran, New York, NY, for Respondents in 08-1498 and Cross-Petitioners in 09-89, Humanitarian Law Project et al.

Elena Kagan, Solicitor General, Counsel of Record, Tony West, Assistant Attorney General, Neal Kumar Katyal, Deputy Solicitor General, Jeffrey B. Wall, Assistant to the Solicitor General, Douglas N. Letter, Joshua Waldman, Department of Justice, Washington, D.C., for respondents.

Chief Justice ROBERTS delivered the opinion of the Court.

Congress has prohibited the provision of "material support or resources" to certain foreign organizations that engage in terrorist activity. 18 U.S.C. § 2339B(a)(1). That prohibition is based on a finding that the specified organizations "are so tainted by their criminal conduct that any contribution to such an organization facilitates that conduct." Antiterrorism and Effective Death Penalty Act of 1996...

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