West Law Report

Justices’ Conflicts Halt Apartheid Appeal

Posted in Alien Tort Claims Act, apartheid, US Supreme Court by mrkooenglish on May 19, 2008

(1)
NY Times reported that recusal of four justices in the case of South Africa Apartheid:

Financial and personal conflicts of interest affecting four Supreme Court justices left the court without a quorum last week and unable to decide whether to hear an appeal brought by more than 50 companies that did business in apartheid-era South Africa.

Is it usual for every such case?

(2)
And a brief:

The Alien Tort Statute, sometimes called the Alien Tort Claims Act, lay dormant for most of two centuries until it was rediscovered as a way to seek redress in United States courts for human rights violations committed overseas.

The Supreme Court, while not foreclosing the use of the statute for that purpose, has been notably skeptical. A footnote in a 2004 Supreme Court decision on an unrelated Alien Tort Statute case referred specifically to the South African lawsuit, noting that there was “a strong argument that federal courts should give serious weight to the executive branch’s view of the case’s impact on foreign policy.”

In its ruling last October allowing the case to proceed, the United States Court of Appeals for the Second Circuit, in New York, ordered the district court to consider defenses it had not previously addressed. These include whether the suit presents a “political question” that is beyond the institutional capacity of a federal court to resolve.

“A footnote in a 2004 Supreme Court decision”?

(3)
What case is it? Rasul v Bush (2004)? Sosa v Alvarez-Machain (2004)?

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