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Turkiye Halk Bankasi A.S. v. United States

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Docket No. Op. Below Argument Opinion Vote Author Term
21-1450 2nd Cir. Jan 17, 2023
 Apr 19, 2023 9-0 Kavanaugh OT 2022

Holding: The district court has jurisdiction of this criminal prosecution under 18 U.S.C. § 3231, and the Foreign Sovereign Immunities Act's comprehensive scheme governing claims of immunity in civil actions against foreign states and their instrumentalities does not cover criminal cases.

Judgment: Affirmed in part, vacated and remanded in part, 9-0, in an opinion by Justice Kavanaugh on April 19, 2023. Justice Gorsuch filed an opinion concurring in part and dissenting in part, in which Justice Alito joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jan 25 2022Application (21A373) to extend the time to file a petition for a writ of certiorari from March 15, 2022 to May 13, 2022, submitted to Justice Sotomayor.
Jan 31 2022Application (21A373) granted by Justice Sotomayor extending the time to file until May 13, 2022.
May 13 2022Petition for a writ of certiorari filed. (Response due June 16, 2022)
Jun 07 2022Motion to extend the time to file a response from June 16, 2022 to July 18, 2022, submitted to The Clerk.
Jun 09 2022Motion to extend the time to file a response is granted and the time is extended to and including July 18, 2022.
Jun 16 2022Brief amici curiae of Republic of Azerbaijan and Islamic Republic of Pakistan filed.
Jul 18 2022Brief of respondent United States in opposition filed.
Aug 02 2022Reply of petitioner Turkiye Halk Bankasi A.S. filed. (Distributed)
Aug 03 2022DISTRIBUTED for Conference of 9/28/2022.
Oct 03 2022Petition GRANTED.
Nov 10 2022SET FOR ARGUMENT on Tuesday, January 17, 2023.
Nov 14 2022Brief of petitioner Turkiye Halk Bankasi A.S. filed.
Nov 14 2022Joint appendix filed. (Statement of costs filed)
Nov 16 2022Record requested from the U.S.C.A. 2nd Circuit.
Nov 16 2022Record received from the U.S.C.A. 2nd Circuit. The record was received electronically.
Nov 21 2022Brief amici curiae of The Turkish Red Crescent, et al. filed.
Nov 21 2022Brief amicus curiae of Roger O'Keefe filed.
Nov 21 2022Brief amici curiae of Republic of Azerbaijan, et al. filed.
Nov 21 2022Brief amici curiae of Professors Ingrid (Wuerth) Brunk and William S. Dodge in support of neither party filed.
Nov 21 2022Brief amicus curiae of Republic of Türkiye filed.
Nov 21 2022Brief amicus curiae of Lord Daniel Brennan KC filed.
Dec 07 2022CIRCULATED
Dec 14 2022Brief of respondent United States filed. (Distributed)
Dec 21 2022Brief amici curiae of Mark B. Feldman, Esq., et al. filed. (Distributed)
Dec 21 2022Brief amicus curiae of United Against Nuclear Iran filed. (Distributed)
Dec 22 2022Record received from the U.S.D.C.-Southern District of New York (1 box of sealed materials).
Jan 06 2023Reply of petitioner Turkiye Halk Bankasi A.S. filed. (Distributed)
Jan 17 2023Argued. For petitioner: Lisa S. Blatt, Washington, D. C. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C
Apr 19 2023Adjudged to be AFFIRMED IN PART, VACATED, and case REMANDED IN PART. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Sotomayor, Kagan, Barrett, and Jackson, JJ., joined. Gorsuch, J., filed an opinion concurring in part and dissenting in part, in which Alito, J., joined.
Apr 26 2023Record returned to the U.S.D.C.-Southern District of New York (1 box of sealed materials).
May 22 2023Judgment issued.