Federal Republic of Germany v. Philipp
Holding
The Foreign Sovereign Immunities Act's expropriation exception, 28 U.S.C. § 1605(a)(3), incorporates the domestic takings rule, which recognizes that a foreign sovereign's taking of its own nationals' property is not a violation of international law.
Judgment
Vacated and remanded, 9-0, in an opinion by John Roberts on Feb 3, 2021.
Jul 26, 2019Application (19A118) for a stay pending the filing and disposition of a petition for a writ of certiorari, submitted to The Chief Justice.
Jul 30, 2019Application (19A118) denied by The Chief Justice. The application is denied without prejudice to petitioners filing a new application after seeking relief in the district court.
Sep 16, 2019Petition for a writ of certiorari filed. (Response due October 18, 2019)Oct 17, 2019Brief of respondents Alan Philipp, et al. in opposition filed.Dec 27, 2019Reply of petitioners Federal Republic of Germany, et al. filed. (Distributed)Dec 30, 2019DISTRIBUTED for Conference of 1/17/2020.
Jan 21, 2020The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 26, 2020Brief amicus curiae of United States filed. VIDED.Jun 8, 2020Supplemental brief of respondents Alan Philipp, et al. filed. VIDED. (Distributed)Jun 9, 2020DISTRIBUTED for Conference of 6/25/2020.
Jun 29, 2020DISTRIBUTED for Conference of 7/1/2020.
Jul 2, 2020Petition GRANTED.
Jul 29, 2020Motion for an extension of time to file the briefs on the merits filed.Jul 30, 2020Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 4, 2020. The time to file respondents' brief on the merits is extended to and including October 22, 2020.
Jul 31, 2020Blanket Consent filed by Respondent, Alan Philipp, et al.Jul 31, 2020Blanket Consent filed by Petitioner, Federal Republic of Germany, et al.Sep 4, 2020Joint appendix filed. (Statement of costs filed)Sep 4, 2020Brief of petitioners Federal Republic of Germany, et al. filed.Sep 4, 2020Proposal of petitioners to lodge materials under Rule 32.3 filed.Sep 10, 2020Brief amici curiae of Davis R. Robinson, et al. in support of neither party filed.Sep 10, 2020Brief amici curiae of Foreign International Law Scholars and Jurists filed.Sep 11, 2020Brief amicus curiae of United States filed.Sep 11, 2020Brief amici curiae of Professors Samuel Estreicher and Thomas H. Lee in support of neither party filed (also in 18-1447). VIDED.Sep 11, 2020Brief amicus curiae of Societe Nationale SNCF SA in support of neither party filed (also in 18-1447). VIDEDSep 11, 2020Brief amici curiae of Holocaust and Nuremberg Historians in support of neither part filed.Sep 16, 2020SET FOR ARGUMENT on Monday, December 7, 2020.
Oct 8, 2020Record requested from the U.S.C.A. District of Columbia Circuit.
Oct 19, 2020Brief amici curiae of National Jewish Commission on Law and Public Affairs (COLPA), et al. filed.Oct 19, 2020Record received from the U.S.C.A. D.C. Circuit is electronic and located on PACER.
Oct 22, 2020Brief of respondents Alan Philipp, et al. filed. (Distributed)Oct 22, 2020Proposal of Respondents to lodge materials under Rule 32.3 filed.Oct 27, 2020CIRCULATED
Oct 27, 2020Brief amici curiae of Florida Holocaust Museum, et al. filed. (Distributed)Oct 28, 2020Brief amici curiae of The 1939 Society, et al. filed (also in 18-1447) filed. VIDED. (Distributed)Oct 28, 2020Brief amicus curiae of The Holocaust Art Restitution Project, Inc. filed. (Distributed)Oct 29, 2020Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.Oct 29, 2020Brief amici curiae of Members of the United States House of Representatives filed (also in 18-1447). VIDED. (Distributed)Oct 29, 2020Brief amici curiae of Professor William S. Dodge and Professor Maggie Gardner filed (also in 18-1447). VIDED. (Distributed)Oct 29, 2020Brief amici curiae of The World Jewish Congress, Commission for Art Recovery, and Ambassador Ronald S. Lauder filed (also in 18-1447). VIDED. (Distributed)Oct 29, 2020Brief amici curiae of American Association of Jewish Lawyers and Jurists and other advocates for Holocaust restitution filed. (Distributed)Oct 29, 2020Brief amici curiae of Holocaust Survivors Foundation, USA, Inc., et al. (also in 19-351) filed. VIDED. (Distributed)Oct 29, 2020Brief amicus curiae of Peter Toren filed. (Distributed)Oct 29, 2020Proposal of amici curiae the World Jewish Congress, Commission for Art Recovery, and Ambassador Ronald S. Lauder to lodge materials under Rule 32.3 filed.Nov 9, 2020Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 23, 2020Reply of petitioners Federal Republic of Germany, et al. filed. (Distributed)Dec 7, 2020Argued. For petitioners: Jonathan M. Freiman, New Haven, Conn.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Nicholas M. O'Donnell, Boston, Mass.
Feb 3, 2021Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion for a unanimous Court.
Mar 8, 2021JUDGMENT ISSUED.
Recommended Citation: Federal Republic of Germany v. Philipp, SCOTUSblog, https://www.scotusblog.com/cases/federal-republic-of-germany-v-philipp/