The War on Jurisdiction: Troubling Questions About Executive Order 13303

On May 22, 2003 President Bush issued Executive Order 13303, “Protecting the Development Fund for Iraq and Certain Other Property in Which Iraq Has an Interest.” This Essay argues that the Order is deeply troubling and it should likely be invalidated under the current analytical framework set forth in Dames & Moore v. Regan, 453 U.S. 654 (1981). Further, even if the President were authorized to issue the Order, the Order goes too far. The failure of the President to provide for an alternative forum results in an impermissible withdrawal of federal jurisdiction and raises the possibility of an unconstitutional taking.