Supreme Court of the United States · Official docket →

Republic of Sudan v. Rick Harrison, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 14-121-cv · judgment September 23, 2015

Decided · March 26, 2019

At-filing estimate: 2% cert probability

The Solicitor General's brief was filed May 22, 2018

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether the Second Circuit erred by holding - in direct conflict with the D.C., Fifth, and Seventh Circuits and in the face of an amicus brief from the United States - that plaintiffs suing a foreign state under the Foreign Sovereign Immunities Act may serve the foreign state under 28 U.S.C § 1608(a)(3) by mail addressed and dispatched to the head of the foreign state's ministry of foreign affairs "via" or in "care of” the foreign state's diplomatic mission in the United States, despite U.S. obligations under the Vienna Convention on Diplomatic Relations to preserve mission inviolability.

Counsel of record

For petitioner
Christopher M. Curran
White & Case LLP

For respondent
Andrew C. Hall

Case

Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 4 conferences

Amicus briefs
5 cert-stage · 6 merits
(4 supporting pet./neither, 2 respondent)

Orders
Order list, October 2, 2017
Order list, June 25, 2018 · Certiorari granted
Order list, October 9, 2018

Argument & decision

Argued November 7, 2018 — Christopher M. Curran · Kannon K. Shanmugam. Listen and read along · the Court’s audio

Decided March 26, 2019. Opinion by Alito.

Proceedings

Mar 26 2019
Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Sotomayor, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J., filed a dissenting opinion.
Nov 07 2018
Argued. For petitioner: Christopher M. Curran, Washington, D. C.; and Erica Ross, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Kannon K. Shanmugam, Washington, D. C.
Nov 02 2018
Letter from respondents filed. (Distributed)
Oct 18 2018
Reply of petitioner Republic of Sudan filed. (Distributed)
Oct 09 2018
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Kavanaugh took no part in the consideration or decision of this motion.
Sep 25 2018
Brief amici curiae of Former U.S. Counterterrorism Officials, et al. filed. (Distributed)
Sep 25 2018
Brief amicus curiae of Veterans of Foreign Wars of the United States filed. (Distributed)
Sep 24 2018
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 18 2018
Brief of respondents Rick Harrison, et al. filed. (Distributed)
Sep 17 2018
Record received from the U.S.D. C. Southern Dist. of New York. The record SEALED. ( 1 - Box)
Sep 12 2018
CIRCULATED
Sep 11 2018
Record received from the U.S.C.A. 2nd Circuit. The record is electronic and complete.
Sep 10 2018
Record requested from the U.S.C.A. 2nd Circuit.
Aug 22 2018
Brief amicus curiae of United States filed.
Aug 22 2018
Brief amici curiae of International Law Professors filed.
Aug 22 2018
Brief amicus curiae of Kingdom of Saudi Arabia filed.
Aug 21 2018
Brief amicus curiae of Government of National Accord, State of Libya filed.
Aug 20 2018
SET FOR ARGUMENT on Wednesday, November 7, 2018
Aug 15 2018
Joint appendix filed. (Statement of costs received.) (To be reprinted.)
Aug 15 2018
Joint appendix filed. (Reprinted joint appendix submitted - September 7, 2018.)
Aug 15 2018
Brief of petitioner Republic of Sudan filed.
Aug 10 2018
Blanket Consent filed by Respondents, Rick Harrison, et al..
Aug 10 2018
Blanket Consent filed by Petitioner, Republic of Sudan
Jul 03 2018
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including and August 15, 2018. The time to file respondents' brief on the merits is extended to and including September 18, 2018.
Jun 28 2018
Motion for an extension of time to file the briefs on the merits filed.
Jun 25 2018
Petition GRANTED.
Jun 18 2018
DISTRIBUTED for Conference of 6/21/2018.
May 29 2018
DISTRIBUTED for Conference of 6/14/2018.
May 22 2018
Brief amicus curiae of United States filed.
Mar 09 2018
Supplemental brief of respondents Rick Harrison, et al. filed.
Jan 30 2018
Second supplemental brief of petitioner Republic of Sudan filed.
Oct 02 2017
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Jul 13 2017
Reply of petitioner Republic of Sudan filed. (Distributed)
Jul 12 2017
DISTRIBUTED for Conference of September 25, 2017.
Jun 26 2017
Brief of respondents Rick Harrison, et al. in opposition filed.
May 24 2017
Order extending time to file response to petition to and including June 26, 2017.
Apr 26 2017
Response Requested. (Due May 26, 2017)
Apr 19 2017
DISTRIBUTED for Conference of May 11, 2017.
Apr 13 2017
Supplemental brief of petitioner Republic of Sudan filed.
Apr 10 2017
Brief amicus curiae of United Arab Emirates filed.
Apr 10 2017
Brief amicus curiae of Kingdom of Saudi Arabia filed.
Apr 10 2017
Brief amici curiae of International Law Professors filed.
Apr 10 2017
Waiver of right of respondents Rick Harrison, et al. to respond filed.
Apr 10 2017
Brief amicus curiae of Government of National Accord, State of Libya filed.
Mar 09 2017
Petition for a writ of certiorari filed. (Response due April 10, 2017)