DC Circuit Rejects Constitutional Challenge To Freezing Of Islamic Group's Assets

In Islamic American Relief Agency v. Gonzales, (DC Cir., Feb. 13, 2007), the U.S. Court of Appeals for the D.C. Circuit upheld the federal government's blocking of the assets of IARA-USA which the government found to be a branch of another organization that had been designated as supporting global terrorism. In a portion of its opinion, the court rejected arguments by IARA-USA that blocking of its assets violated its Fifth Amendment right to equal protection and its First Amendment rights of association and free exercise of religion. The court rejected IARA-USA's claim that it had been singled out because it was a Muslim organization. The court held that the blocking does not inhibit associational activities other than financing and does not punish advocacy of IARA-USA's goals. It also rejected the argument that blocking of funds substantially burdens the religious exercise of IARA-USA's members because they intended their donations to fulfill their religious obligation to engage in humanitarian charitable giving. Quoting an earlier case it had decided, the court said: "There is no free exercise right to fund terrorists." A story yesterday from the Associated Press reported on the decision. [Thanks to How Appealing for the lead.]