El-Shifa Pharmaceutical Industries Co. v. United States

OPINION

BASKIR, Judge.

This “takings” case arises out of terrorist attacks against the United States in 1998 and the American military response to these attacks. It comes before the Court on the Government’s Motion to Dismiss for lack of jurisdiction and for failure to state a claim. Because we find that the U.S. Constitution’s Fifth Amendment “just compensation” clause does not extend to claims arising out of the destruction of a purported enemy war-making instrumentality through American military action, we GRANT the Defendant’s motion and dismiss the Complaint.

*753 BACKGROUND

A. The Precipitating…