“A Washington federal judge today said she was ‘troubled’ by the U.S. Department of Justice’s position that the courts are powerless to hear a challenge of the government’s ability to target and kill U.S. citizens abroad. Deputy Assistant Attorney General Brian Hauck argued there was a difference between having a constitutional right—which he said could be protected by the executive and legislative branches—and being able to make constitutional claims in court. Collyer countered that not being able to access the courts would deprive citizens of the ability to enforce their rights.”
http://legaltimes.typepad.com/blt/2013/07/judge-troubled-by-doj-position-in-drone-strike-case.html