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No Quorum for ATCA
The United States Supreme Court will not immediately rule on the Alien Tort Claims Act, an old statute warranting interpretation. The ATCA is frequently invoked in foreign sovereign immunities litigation. While originally permitting parties to hail foreign pirates into American courts, the statute has recently seen new uses. For instance, injustices that occur in foreign lands are said to fall under its rules and may be heard by an American court regardless of a more specific nexus with the United States.
The May 12, 2008 ruling is an order addressing a petition for certiorari in American Isuzu Motors v. Ntsebeza, docket no. 07-919. Apparently, the court had no quorum and several justices needed to recuse themselves.
A plaintiff in ACPA matters can effectively forestall a Supreme Court decision by including as parties publicly-held corporations in which the justices hold stock. -- Clemens Kochinke, Berliner, Corcoran & Rowe, LLP, Washington.
Mon, / / Embassy Law Link
