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Republic of Sudan v. Opati

Petition for certiorari denied on May 26, 2020
Docket No. Op. Below Argument Opinion Vote Author Term
17-1406 D.C. Cir. N/A N/A N/A N/A OT 2019

Issues: (1) Whether the term “extrajudicial killing” means a summary execution by state actors, as is consistent with international law and the statutory text, context and purpose of 28 U.S.C. § 1605A(a); (2) whether foreign sovereign immunity may be withdrawn for emotional distress claims brought by family members of victims under 28 U.S.C. § 1605A(a)(2)(A)(ii); (3) whether 28 U.S.C. § 1605A(c) provides the exclusive remedy for actions brought under 28 U.S.C. § 1605A(a), and forecloses state substantive causes of action previously asserted through the “pass-through” provision of 28 U.S.C. § 1606; (4) whether the statute of limitations contained in 28 U.S.C. § 1605A(b) is jurisdictional in nature and, if it is not, whether the U.S. Court of Appeals for the District of Columbia Circuit should nonetheless have heard Sudan’s limitations defense asserted through its timely, direct appeal; and (5) whether the undisputed fact of civil war, internal strife and partitioning of Sudan into two counties constitutes excusable neglect or extraordinary circumstances for vacatur under Rule 60(b) of the Federal Rules of Civil Procedure. CVSG: 05/21/2019.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Apr 09 2018Petition for a writ of certiorari filed. (Response due May 10, 2018)
May 08 2018Brief of respondents James Owens, et al. in opposition filed.
May 08 2018Brief of respondents Monicah Okoba Opati, et al. in opposition filed.
May 22 2018DISTRIBUTED for Conference of 6/7/2018.
May 22 2018Reply of petitioners The Republic of the Sudan, et al. filed. (Distributed)
Jun 11 2018The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 21 2019Brief amicus curiae of United States filed.
Jun 04 2019DISTRIBUTED for Conference of 6/20/2019.
Jun 04 2019Supplemental brief of petitioners The Republic of the Sudan, et al. filed. (Distributed)
Jun 26 2019DISTRIBUTED for Conference of 6/27/2019.
May 18 2020DISTRIBUTED for Conference of 5/21/2020.
May 19 2020Second supplemental brief of petitioners The Republic of the Sudan, et al. filed.
May 26 2020Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition.