Lawyers Urge High Court To Leave FSIA Scope To Congress

By Emma Whitford (September 10, 2020, 8:45 PM EDT) -- A group of former U.S. State Department lawyers urged the Supreme Court on Thursday to reverse a D.C. Circuit judgment reviving claims over Nazi officers' alleged misappropriation of more than $250 million dollars in medieval art stolen from German Jews.

The case rests on the scope of the Foreign Sovereign Immunities Act, which determines if foreign nations can be sued in U.S. courts. It should be left to Congress, not the judiciary, to potentially expand an aspect of law, the former legal advisers wrote in an amicus brief.

The appeals court's decision amounts to a significant expansion of FSIA's expropriation exception,...

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