The Nov. 7 Supreme Court arguments in Republic of Sudan v. Harrison will implicate issues of civil procedure, sovereign immunity, and statutory interpretation. At stake for the Republic of Sudan is $314 million in Sudanese assets. More broadly, however, the court’s decision could have ramifications for any nation, including the United States, that enjoys sovereign immunity.
Issues related to international affairs occupy much of the court’s attention. In this year’s November sitting, the court will examine whether international organizations are owed sovereign immunity under the Foreign Sovereign Immunities Act. Last year, the court determined that foreign corporations could not be named in suits brought under the Alien Tort Statute and that the FSIA’s terrorism exception does not provide a free-standing basis for parties to attach a foreign state’s property in order to satisfy a judgment.
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