Supreme Court

Halkbank Files New Cert Petition

Halkbank, a Turkish state-owned bank accused of violating U.S. sanctions on Iran, filed a petition for certiorarilast week seeking a second chance to convince the Supreme Court that it is immune from criminal prosecution in the United States. In its first trip to the Court, back in 2023, Halkbank argued that it was entitled to…

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CVSG in Wye Oak v. Republic of Iraq: Is it Time to Resolve the FSIA “Direct Effect” Circuit Split?

On April 28, 2025, the Supreme Court called for the views of the Solicitor General (colloquially a “CVSG”) in Wye Oak Tech., Inc. v. Republic of Iraq. This is the latest chapter in a decades-long attempt by Wye Oak (discussed in a separate blog post) to recover damages for the breach of a contract it…

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The Fuld Oral Arguments as Haiku

Justice Roberts: This is all just words! It sounds like a grab bag. Please: Give us a clear test.   Justice Thomas: PLO, PA? Are these things “persons” really? And do they have rights? Justice Alito: Why is this unfair? Don’t the defendants have an Office in New York?   Justice Sotomayor: We still need…

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Oral Argument Recap: Fuld v. PLO

On Tuesday, the Supreme Court heard oral argument in Fuld v. Palestine Liberation Organization. The question presented is whether the Promoting Security and Justice for Victims of Terrorism Act of 2019 (PSJVTA) violates the Fifth Amendment’s Due Process Clause by declaring that the Palestine Liberation Organization (PLO) and the Palestinian Authority (PA) have consented to…

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Fuld v. PLO: Argument Day!

Today, the Supreme Court is hearing oral argument in Fuld v. Palestinian Liberation Organization. The petition asks whether the Promoting Security and Justice for Victims of Terrorism Act of 2019 (PSJVTA) violates the Fifth Amendment’s Due Process Clause by declaring that the PLO has consented to personal jurisdiction based on specified conduct. TLB’s prior coverage…

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Fuld Preview: AALS Panel on Mallory and More

Next week, the Supreme Court will hear oral argument in Fuld v. Palestinian Liberation Organization. TLB’s prior coverage of Fuld can be found here. Among the key issues in Fuld is whether the Promoting Security and Justice for Victims of Terrorism Act’s scheme for consent-based personal jurisdiction is constitutional. In 2023, the Supreme Court decided…

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Devas v. Antrix: Headed back to the Ninth Circuit?

On Monday, the Supreme Court held oral argument in Devas v. Antrix to decide “whether plaintiffs must prove minimum contacts before federal courts may assert personal jurisdiction over foreign states sued under the Foreign Sovereign Immunities Act (FSIA).” Minimum contacts between the defendant and the United States might be required as a matter of statutory…

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Supreme Court Narrows the FSIA’s Expropriation Exception (Again)

(Editor’s Note: This article also appears in Just Security.) Last Friday, the U.S. Supreme Court decided Republic of Hungary v. Simon. Writing for a unanimous Court, Justice Sonia Sotomayor held that commingling the proceeds of expropriated property with other government funds, which are then used for commercial activity in the United States, is not enough…

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Foreign States are “Persons”: CC/Devas v. Antrix Amicus Brief

The Supreme Court may soon resolve an important constitutional question: whether foreign states are “persons” entitled to Fifth Amendment due process. For those who engage seriously with the text, history, and structure of the Constitution, there is a ready answer: yes, foreign states are “persons.” The scope of the “process” to which foreign states are…

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Cisco’s Cert Petition

Last Friday, January 31, 2025, Cisco Systems filed a petition for certiorari asking the Supreme Court to review the Ninth Circuit’s decision in Doe v. Cisco Systems, Inc. (2023), a decision holding that claims of aiding and abetting may be brought under the Alien Tort Statute (ATS) and Torture Victim Protection Act (TVPA). As more…

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Ingrid (Wuerth) Brunk

Vanderbilt Law School
ingrid.wuerth@vanderbilt.eduEmail

William Dodge

George Washington University Law School
william.dodge@law.gwu.eduEmail

Maggie Gardner

Cornell Law School
mgardner@cornell.eduEmail

John F. Coyle

University of North Carolina School of Law
jfcoyle@email.unc.eduEmail

Zachary D. Clopton

Northwestern Pritzker School of Law
zclopton@law.northwestern.eduEmail

Maryam Jamshidi

University of Colorado Law School
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Fikri Soral

Galatasaray University
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Gregg Cashmark

Vanderbilt Law School
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Hannah Buxbaum

Indiana University Maurer School of Law
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Symeon Symeonides

Willamette University College of Law
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Aaron D. Simowitz

Willamette University College of Law
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John B. Bellinger

Arnold & Porter LLP
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R. Reeves Anderson

Arnold & Porter LLP
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Volodymyr Ponomarov

Arnold & Porter LLP
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Robin Effron

Brooklyn Law School
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Scott Dodson

UC Law – San Francisco
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