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THORNE v. U.S. DEPT. OF STATE

No. 19-17606.

978 F.3d 1139 (2020)

Robert D. THORNE; Barbara J. Dennysschen; Dave Sheer Guns; Diplopoint; Southern Arms; Pretoria Arms Pty Ltd; G and D Group, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF STATE; Michael Pompeo; Directorate of Defense Trade Controls; Mike Miller, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 26, 2020.

Attorney(s) appearing for the Case

Matthew A. Goldstein (argued) and Robert A. Bernheim , Farhang & Medcoff PLLC, Tucson, Arizona; Jordan T. Smith , Pisanelli Bice PLLC, Las Vegas, Nevada; for Plaintiffs-Appellants.

Christopher A. Bates (argued), Sharon Swingle , and Matthew J. Glover , Attorneys; Joseph H. Hunt , Assistant Attorney General; Nicholas A. Trutanich , United States Attorney; United States Department of Justice, Civil Division, Washington, D.C.; for Defendants-Appellees.

Before: Eugene E. Siler, Marsha S. Berzon, and Kenneth K. Lee, Circuit Judges.

OPINION

In passing the Arms Export Control Act (AECA), Congress authorized the President to "control the import and the export of defense articles and defense services." 22 U.S.C. § 2778(a)(1). The President delegated such authority to the Secretary of State and State Department, who promulgated the International...

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