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Bank Markazi v. Peterson

Docket No. Op. Below Argument Opinion Vote Author Term
14-770 2d Cir. Jan 13, 2016 Apr 20, 2016 6-2 Ginsburg OT 2015

Holding: Section 8772 of the Iran Threat Reduction and Syria Human Rights Act of 2012, which makes a set of assets held at a New York bank for Bank Markazi, the Central Bank of Iran, available for post-judgment execution to partially satisfy judgments in actions brought by victims of terrorist acts sponsored by Iran, does not violate the separation of powers.

Judgment: Affirmed, 6-2, in an opinion by Justice Ginsburg on April 20, 2016. Justice Thomas joined in all but Part II-C of the opinion. Chief Justice Roberts filed a dissenting opinion, in which Justice Sotomayor joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Dec 29 2014Petition for a writ of certiorari filed. (Response due January 30, 2015)
Jan 23 2015Order extending time to file response to petition to and including March 2, 2015.
Mar 02 2015Brief of respondents Deborah Peterson, et al. in opposition filed.
Mar 17 2015Reply of petitioner Bank Markazi, aka The Central Bank of Iran filed.
Mar 18 2015DISTRIBUTED for Conference of April 3, 2015.
Apr 06 2015The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Aug 19 2015Brief amicus curiae of United States filed.
Sep 01 2015Supplemental brief of petitioner Bank Markazi, aka The Central Bank of Iran filed.
Sep 02 2015DISTRIBUTED for Conference of September 28, 2015.
Oct 01 2015Petition GRANTED.
Nov 06 2015Motion to dispense with printing the joint appendix filed by petitioner Bank Markazi, aka The Central Bank of Iran.
Nov 16 2015Brief of petitioner Bank Markazi, aka The Central Bank of Iran filed.
Nov 20 2015Consent to the filing of amicus curiae briefs, In support of either party or of neither party, received from counsel for the petitioner
Nov 20 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party received from counsel for the respondents, Deborah Peterson, et al.
Nov 23 2015Brief amici curiae of Federal Courts Scholars filed.
Nov 24 2015SET FOR ARGUMENT on Wednesday, January 13, 2016
Nov 30 2015Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Dec 04 2015Record requested from U.S.C.A. 2nd Circuit.
Dec 11 2015Record received from U.S.D.C. Southern District of New York. The record is SEALED, and arrived in 4 Boxes.
Dec 15 2015CIRCULATED.
Dec 16 2015Brief of respondents Deborah Peterson, et al. filed. (Distributed)
Dec 17 2015Record received from U.S.C.A. 2nd Circuit. The record is electronic, also received is one box of SEALED records.
Dec 21 2015Brief amici curiae of National Security Law Professors filed. (Distributed)
Dec 22 2015Brief amicus curiae of The United States Senate filed. (Distributed)
Dec 22 2015Brief amicus curiae of Agudas Chasidei Chabad filed. (Distributed)
Dec 23 2015Brief amicus curiae of United States filed. (Distributed)
Dec 23 2015Brief amici curiae of Former Senior Officials of the Office of Legal Counsel filed. (Distributed)
Dec 23 2015Brief amici curiae of The Bipartisan Legal Advisory Group of the U.S. House of Representatives, and 225 Individual Members of the U.S. House of Representatives filed. (Distributed)
Dec 23 2015Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Dec 23 2015Brief amicus curiae of Foundation for Defense of Democracies filed. (Distributed)
Dec 23 2015Brief amici curiae of Constitutional Law and Federal Courts Scholars filed. (Distributed)
Dec 23 2015Brief amici curiae of Current United States Senators Sheldon Whitehouse, Lindsey O. Graham, Ted Cruz, and Christopher A. Coons filed. (Distributed).
Jan 06 2016Reply of petitioner Bank Markazi, aka The Central Bank of Iran filed. (Distributed)
Jan 08 2016Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Jan 13 2016Argued. For petitioner: Jeffrey A. Lamken, Washington, D. C. For respondents: Theodore B. Olson, Washington, D. C.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae).
Apr 20 2016Adjudged to be AFFIRMED. Ginsburg, J., delivered the opinion of the Court, in which Kennedy, Breyer, Alito, and Kagan, JJ., joined, and in all but Part II-C of which Thomas, J., joined. Roberts, C. J., filed a dissenting opinion, in which Sotomayor, J., joined.
May 23 2016JUDGMENT ISSUED
Aug 21 2018Record from the U.D.C.A. 2nd Circuit has been returned.
Aug 21 2018Record from the U.S.D.C. Southern District of New York has been returned.