Rubin v. Islamic Republic of Iran
Rubin v. Islamic Republic of Iran | |
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![]() 7th Cir. 2016); cert . granted, 137 S. Ct. 2326 (2017). | |
Holding | |
Section 1610(g) of the Foreign Sovereign Immunities Act does not provide a freestanding basis for parties holding a judgment under § 1605A to attach and execute against the property of a foreign state; rather, for § 1610(g) to apply, the immunity of the property at issue must be rescinded under a separate provision within § 1610. Seventh Circuit affirmed. | |
Court membership | |
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Case opinion | |
Majority | Sotomayor, joined by Roberts, Kennedy, Thomas, Ginsburg, Breyer, Alito, Gorsuch |
Kagan took no part in the consideration or decision of the case. | |
Laws applied | |
28 U.S.C. § 1604, et seq. (Foreign Sovereign Immunities Act) |
Rubin v. Islamic Republic of Iran, 583 U.S. ___ (2018), was a
Under subsections (a) and (g) of 28 U.S.C. § 1610, attachment and execution on the property of a foreign state is permissible provided that it is being used for "a commercial activity in the United States".
The United States filed an amicus curiae brief in support of Iran, writing: "The property at issue here consists of ancient Persian artifacts, documenting a unique aspect of Iran's cultural heritage, that were lent to a U.S. institution in the 1930s for academic study....Execution against such unique cultural artifacts could cause affront and reciprocity problems."[4][5]
See also
- Lists of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Roberts Court
References
- ^ "Rubin v. Islamic Republic of Iran". April 5, 2018. Retrieved April 5, 2018.
- ^ "Rubin v. Islamic Republic of Iran". Harvard Law Review. December 9, 2016. Retrieved April 5, 2018.
- ^ 28 U.S.C. § 1610
- ^ Liptak, Adam (February 21, 2018). "Supreme Court Rules on Terrorism, Whistle-Blowers and Prisoners". The New York Times. Retrieved April 6, 2018.
- ^ "BRIEF FOR THE UNITED STATES AS AMICUS CURIAE SUPPORTING RESPONDENTS" (PDF).
External links
- Text of Rubin v. Islamic Republic of Iran, 583 U.S. ___ (2018) is available from: Justia Oyez (oral argument audio) Supreme Court (slip opinion)