But "[a] court without jurisdiction is a court without power, no matter how appealing the case for exceptions may be," and hence it is these threshold obstacles to reaching the merits of plaintiff's constitutional and statutory challenges that must be the initial focus of this Court's attention. Because these questions of justiciability require dismissal of this case at the outset, the serious issues regarding the merits of the alleged authorization of the targeted killing of a U.S. citizen overseas must await another day or another (non-judicial) forum.

Bates heard arguments [JURIST report] in the case last month. The arguments took place on the same day Awlaki called for jihadist attacks on US citizens in a video posted on extremist websites. Awlaki, a suspected member of al Qaeda [GlobalSecurity backgrounder], is believed to be linked to Major Nidal Hasan, the Fort Hood shooting suspect, as well as the Christmas Day airplane bombing attempt [JURIST news archive]. Earlier in November, Yemeni prosecutors charged [JURIST report] Awlaki with incitement to kill foreigners. Awlaki is believed to be hiding in Yemen and was charged in absentia. US officials have labeled Awlaki as a terrorist and have placed him on a list to be captured or killed. The Yemeni government has sent forces on a counter-terrorism operation into the Province of Shabwa, where it is believed that Awlaki is hiding. In August, the ACLU and the CCR obtained a specially designated global terrorist (SDGT) license that enables them to represent Awlaki, but announced they were still pursuing a legal challenge [JURIST reports] to the licensing scheme. The Obama administration has defended [JURIST report] its use of targeted killings, specifically those made by unmanned predator drone strikes [JURIST news archive].