Bancoult v. McNamara

Last updated
Bancoult v. McNamara
District of Columbia Court of Appeals Seal.svg
Court United States Court of Appeals for the District of Columbia Circuit
Full case name Olivier Bancoult, et al. v. Robert S. McNamara, et al.
ArguedFebruary 16, 2006
DecidedApril 21, 2006
Citation(s)445 F.3d 427
Case history
Prior action(s)Injunction denied, 227 F. Supp. 2d 144 (D.D.C. 2002); dismissed, 370 F. Supp. 2d 1 (D.D.C. 2004).
Subsequent action(s) Cert. denied, 549 U.S. 1166(2007).
Court membership
Judge(s) sitting David S. Tatel, Janice Rogers Brown, Thomas B. Griffith
Case opinions
MajorityBrown, joined by unanimous

Bancoult v. McNamara, 445 F.3d 427 (D.C. Cir. 2006), was a legal case in which Olivier Bancoult sued Robert McNamara, the former United States Secretary of Defense, challenging the removal of Chagosians from Diego Garcia when the United States of America built a military base in the British Indian Ocean Territory. The Court of Appeals for the District of Columbia Circuit ruled that the case raised nonjusticiable political questions and dismissed the case.

Robert McNamara American businessman and Secretary of Defense

Robert Strange McNamara was an American business executive and the eighth United States Secretary of Defense, serving from 1961 to 1968 under Presidents John F. Kennedy and Lyndon B. Johnson. He played a major role in escalating the United States' involvement in the Vietnam War. McNamara was responsible for the institution of systems analysis in public policy, which developed into the discipline known today as policy analysis.

Diego Garcia British atoll in the Indian Ocean

Diego García is an atoll just south of the equator in the central Indian Ocean, and the largest of 60 small islands comprising the Chagos Archipelago. It was first discovered and named by the Portuguese, settled by the French in the 1790s and transferred to British rule after the Napoleonic Wars. It was one of the "Dependencies" of the British Colony of Mauritius until it was detached for inclusion in the newly created British Indian Ocean Territory (BIOT) in 1965.

British Indian Ocean Territory Overseas territory of the United Kingdom

The British Indian Ocean Territory (BIOT) is an overseas territory of the United Kingdom situated in the Indian Ocean halfway between Tanzania and Indonesia, and directly south of the Maldives. The territory comprises the seven atolls of the Chagos Archipelago with over 1,000 individual islands – many very small – amounting to a total land area of 60 square kilometres (23 sq mi). The largest and most southerly island is Diego Garcia, 27 km2 (10 sq mi), the site of a joint military facility of the United Kingdom and the United States.

See also

Related Research Articles

Frank H. Easterbrook American judge

Frank Hoover Easterbrook is a United States Circuit Judge of the United States Court of Appeals for the Seventh Circuit. He was Chief Judge from November 2006 to October 2013, and has been a judge on the court since 1985.

The Telephone Consumer Protection Act of 1991 (TCPA) was passed by the United States Congress in 1991 and signed into law by President George H. W. Bush as Public Law 102-243. It amended the Communications Act of 1934. The TCPA is codified as 47 U.S.C. § 227. The TCPA restricts telephone solicitations and the use of automated telephone equipment. The TCPA limits the use of automatic dialing systems, artificial or prerecorded voice messages, SMS text messages, and fax machines. It also specifies several technical requirements for fax machines, autodialers, and voice messaging systems—principally with provisions requiring identification and contact information of the entity using the device to be contained in the message.

<i>United States v. Emerson</i>

United States v. Emerson, 270 F.3d 203, cert. denied, 536 U.S. 907 (2002), is a decision by the United States Court of Appeals for the Fifth Circuit holding that the Second Amendment to the United States Constitution guarantees individuals the right to bear arms. The case involved a challenge to the Constitutionality of 18 U.S.C. § 922(g)(8)(C)(ii), a federal statute which prohibited the transportation of firearms or ammunition in interstate commerce by persons subject to a court order that, by its explicit terms, prohibits the use of physical force against an intimate partner or child.

Diane Schwerm Sykes is a United States Circuit Judge of the United States Court of Appeals for the Seventh Circuit and former Justice of the Wisconsin Supreme Court.

<i>Muntaqim v. Coombe</i>

Muntaqim v. Coombe, 449 F.3d 371, was a legal challenge to New York State’s law disenfranchising individuals convicted of felonies while in prison and on parole. The plaintiff, Jalil Abdul Muntaqim who is serving a life sentence, argues that the law has a disproportionate impact on African Americans and therefore violates Section 2 of the federal Voting Rights Act as a denial of the right to vote on account of race.

Milan Smith American judge

Milan Dale Smith Jr. is a United States Circuit Judge of the United States Court of Appeals for the Ninth Circuit. Smith's brother, Gordon Smith, was a Republican United States Senator from Oregon from 1996 to 2009.

Bruce Marshall Selya is a Senior United States Circuit Judge of the United States Court of Appeals for the First Circuit and former chief judge of the United States Foreign Intelligence Surveillance Court of Review who is known for his distinctive writing style.

Fortunato Pedro "Pete" Benavides is a Senior United States Circuit Judge of the United States Court of Appeals for the Fifth Circuit. His chambers are in Austin, Texas.

D. Brooks Smith American judge

David Brookman Smith, known professionally as D. Brooks Smith, is the Chief United States Circuit Judge of the United States Court of Appeals for the Third Circuit. He was previously Chief Judge of the United States District Court for the Western District of Pennsylvania.

<i>Administrative Law Review</i> journal

The Administrative Law Review was established in 1948 and is the official law journal of the American Bar Association Section of Administrative Law & Regulatory Practice.

The UNROW Human Rights Impact Litigation Clinic is a student litigation and advocacy project at American University's Washington College of Law.

<i>Davis v. City of Las Vegas</i>

Davis v. City of Las Vegas, 478 F.3d 1048, was a case in which the United States Court of Appeals for the Ninth Circuit determined whether a Las Vegas, Nevada police officer utilized excessive force when making an arrest.

Thomas Beall Griffith is a federal judge on the United States Court of Appeals for the District of Columbia Circuit. Before his appointment to the bench he was Senate Legal Counsel, the chief legal officer of the United States Senate. In November 2011, Griffith was included on The New Republic's list of Washington's most powerful, but least famous, people.

Tax protesters in the United States advance a number of constitutional arguments asserting that the imposition, assessment and collection of the federal income tax violates the United States Constitution. These kinds of arguments, though related to, are distinguished from statutory and administrative arguments, which presuppose the constitutionality of the income tax, as well as from general conspiracy arguments, which are based upon the proposition that the three branches of the federal government are involved together in a deliberate, on-going campaign of deception for the purpose of defrauding individuals or entities of their wealth or profits. Although constitutional challenges to U.S. tax laws are frequently directed towards the validity and effect of the Sixteenth Amendment, assertions that the income tax violates various other provisions of the Constitution have been made as well.

Several statutes, mostly codified in Title 18 of the United States Code, provide for federal prosecution of public corruption in the United States. Federal prosecutions of public corruption under the Hobbs Act, the mail and wire fraud statutes, including the honest services fraud provision, the Travel Act, and the Racketeer Influenced and Corrupt Organizations Act (RICO) began in the 1970s. "Although none of these statutes was enacted in order to prosecute official corruption, each has been interpreted to provide a means to do so." The federal official bribery and gratuity statute, 18 U.S.C. § 201, the Foreign Corrupt Practices Act (FCPA), and the federal program bribery statute, 18 U.S.C. § 666 directly address public corruption.