It's the day after Election Day, and here's hoping the justices got a good night's rest—because there are arguments this morning. An international dispute over service-of-process puts the U.S. on the side of Sudan—and drew claims of a “dubious bottom line” from counsel for the victims. Plus: in extraordinary times, the Supreme Court exudes normalcy. Tuesday's arguments were no exception. And scroll down for what could be the next big ACA case to arrive at the high court. Thanks for reading Supreme Court Brief. Feedback and other comments welcome: [email protected] and [email protected].

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Serving Sudan (and the Broader Implications)

The payment of a $314 million-default judgment hangs on the Supreme Court's answer to an arcane question with significant implications here and abroad: Did the families of sailors killed and injured in the 2000 bombing of the USS Cole properly serve Sudan, accused of supporting the Al Qaeda bombers, by sending their complaint to that country's embassy in the United States? Or were they required by domestic and international law to send it to the foreign affairs minister's address in Sudan?