International Labor Rights Education and Research Fund v. George Bush, in His Official Capacity as President

Though I join in affirming the dismissal of the present action, I do not hold Judge Henderson’s view that the Court of International Trade (“CIT”) has exclusive jurisdiction. On this issue I share the view of the District Court. I also share the District Court’s belief that this case is not justiciable, but on the ground that the “human rights” organizations and the labor unions lack standing.

I. DISTRICT COURT’S JURISDICTION

The argument for exclusive jurisdiction in the CIT rests on 28 U.S.C. § 1581(i)(2), which grants that court “exclusive jurisdiction of any civil action commenced against…