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AMERICAN CIVIL LIBERTIES UNION v. HOLDER

Civil Action No. 1:09-cv-042.

652 F.Supp.2d 654 (2009)

AMERICAN CIVIL LIBERTIES UNION et al., Plaintiffs, v. Eric HOLDER, et al., Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

August 21, 2009.

Attorney(s) appearing for the Case

Rebecca Kim Glenberg, ACLU of Virginia, Richmond, VA, Christopher Hansen, Benjamin Sahl and Benjamin Wizner, ACLU Foundation, New York, NY, for Plaintiffs.

Richard W. Sponseller, United States Attorney's Office, Alexandria, VA, Sanjay M. Bhambhani, United States Department of Justice, Fraud Section, Civil Division, Washington, D.C., for Defendants.

Zachary Alan Kitts, Cook & Kitts, PLLC, Fairfax, VA, served as counsel for amicus curiae Taxpayers Against Fraud Education Fund, as were J. Marc Vezina, Vezina & Gattuso, LLC, Gretna, LA, and Cleveland Lawrence III, Taxpayers Against Fraud Education Fund, Washington D.C.

MEMORANDUM OPINION

LIAM O'GRADY, District Judge.

Before the Court is Defendants' Motion to Dismiss Pursuant to Rule 12(b)(1) and Rule 12(b)(6) (Dkt. No. 19). On July 10, 2009, the Court heard oral argument on this motion and took the matter under advisement. For the reasons explained below, the Court hereby grants Defendants' Motion and dismisses the complaint.

I. Background.

This case is a tripartite attack on the constitutionality...

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