Sunday, September 30, 2012

Three lawyers ask Supreme Court to Spurn Alien Tort claims act cases | Reuters

Conservative superstar lawyer Paul Clement - who lost the Obamacare case - has teamed up with John Bellinger - a former Bush administration State Department lawyer - to destroy the 1789 Alien Tort Statute (28 USC 1350) which has been used to bring suit for human rights violations against foreign states and corporations.  The U.S. lacks jurisdiction over such claims, they argued in a friend of the court brief in Kiobel v. Royal Dutch Shell.  The conservative Supreme Court justices saw an opportunity and schedled reargument.  The Court appears poised to gut the ATS. - GWC

Insight: Three lawyers ask U.S. Supreme Court: Why here? | Reuters:
 By Rebecca Hamilton 
"For more than three decades survivors of human rights abuses in foreign countries have turned to U.S. federal courts to seek justice. On Monday the U.S. Supreme Court hears a case that could make that impossible."
h/t John Steel - Legal Ethics Forum

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