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Turkiye Halk Bankasi A.S. v. United States
| 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
- Court rules federal immunity law does not shield Turkish bank from U.S. prosecution (Amy Howe, April 20, 2023)
- Justices probe global consequences of allowing U.S. prosecutions of companies owned by foreign governments (Amy Howe, January 17, 2023)
- Justices will weigh U.S. attempt to prosecute Turkish bank accused of dodging sanctions (Amy Howe, January 16, 2023)
- Seven mostly low-profile cases are slated for oral arguments in January (Amy Howe, November 10, 2022)
- Court agrees to hear nine new cases, including challenge to tech companies’ immunity under Section 230 (Amy Howe, October 3, 2022)
- The return of the vaccine mandate for health workers and sovereign immunity for a Turkish bank (Andrew Hamm, June 3, 2022)
| Date | Proceedings and Orders |
|---|---|
| Jan 25 2022 | Application (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 2022 | Application (21A373) granted by Justice Sotomayor extending the time to file until May 13, 2022. |
| May 13 2022 | Petition for a writ of certiorari filed. (Response due June 16, 2022) |
| Jun 07 2022 | Motion to extend the time to file a response from June 16, 2022 to July 18, 2022, submitted to The Clerk. |
| Jun 09 2022 | Motion to extend the time to file a response is granted and the time is extended to and including July 18, 2022. |
| Jun 16 2022 | Brief amici curiae of Republic of Azerbaijan and Islamic Republic of Pakistan filed. |
| Jul 18 2022 | Brief of respondent United States in opposition filed. |
| Aug 02 2022 | Reply of petitioner Turkiye Halk Bankasi A.S. filed. (Distributed) |
| Aug 03 2022 | DISTRIBUTED for Conference of 9/28/2022. |
| Oct 03 2022 | Petition GRANTED. |
| Nov 10 2022 | SET FOR ARGUMENT on Tuesday, January 17, 2023. |
| Nov 14 2022 | Brief of petitioner Turkiye Halk Bankasi A.S. filed. |
| Nov 14 2022 | Joint appendix filed. (Statement of costs filed) |
| Nov 16 2022 | Record requested from the U.S.C.A. 2nd Circuit. |
| Nov 16 2022 | Record received from the U.S.C.A. 2nd Circuit. The record was received electronically. |
| Nov 21 2022 | Brief amici curiae of The Turkish Red Crescent, et al. filed. |
| Nov 21 2022 | Brief amicus curiae of Roger O'Keefe filed. |
| Nov 21 2022 | Brief amici curiae of Republic of Azerbaijan, et al. filed. |
| Nov 21 2022 | Brief amici curiae of Professors Ingrid (Wuerth) Brunk and William S. Dodge in support of neither party filed. |
| Nov 21 2022 | Brief amicus curiae of Republic of Türkiye filed. |
| Nov 21 2022 | Brief amicus curiae of Lord Daniel Brennan KC filed. |
| Dec 07 2022 | CIRCULATED |
| Dec 14 2022 | Brief of respondent United States filed. (Distributed) |
| Dec 21 2022 | Brief amici curiae of Mark B. Feldman, Esq., et al. filed. (Distributed) |
| Dec 21 2022 | Brief amicus curiae of United Against Nuclear Iran filed. (Distributed) |
| Dec 22 2022 | Record received from the U.S.D.C.-Southern District of New York (1 box of sealed materials). |
| Jan 06 2023 | Reply of petitioner Turkiye Halk Bankasi A.S. filed. (Distributed) |
| Jan 17 2023 | Argued. For petitioner: Lisa S. Blatt, Washington, D. C. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C |
| Apr 19 2023 | Adjudged 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 2023 | Record returned to the U.S.D.C.-Southern District of New York (1 box of sealed materials). |
| May 22 2023 | Judgment issued. |
