Question: User BACKGROUND AND FACTS Hamas, a terrorist organization sponsored by the Islamic Republic of Iran, carried out three suicide bombings in Jerusalem, causing the deaths
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BACKGROUND AND FACTS Hamas, a terrorist organization sponsored by the Islamic Republic of Iran, carried out three suicide bombings in Jerusalem, causing the deaths of five people and injuring nearly two hundred others. Jenny Rubin and other US citizens who were injured or related to those injured obtained a judgment under Section A of the Foreign Sovereign Immunities Act FSIA against Iran for $ million in damages.
To collect on the judgment, the plaintiffs sued Iran in a federal district court under Section g of the FSIA. The plaintiffs sought to attach and execute against a collection of ancient art owned by Iran that was being housed at the University of Chicago. Attachment and execution is the legal process of seizing property to ensure payment of a debt. The property of a foreign sovereign is typically immune to attachment and execution, and the court explained that Section g in and of itself, provided no basis for bypassing this immunity. The court ruled in the defendants favor, and the plaintiffs appealed. The US Court of Appeals for the Seventh Circuit affirmed. The plaintiffs then petitioned the United States Supreme Court.
In the Language of the Court
Justice SOTOMAYOR delivered the opinion of the Court.
Section g provides: The property of a foreign state against which a judgment is entered under Section A is subject to attachment in aid of execution, and execution, upon that judgment as provided in this section.
The issue at hand is whether Section g allows a Section A judgment holder to attach and execute against any property of the foreign state.
The most natural reading is that this section refers to Section as a whole, so that Section g will govern the attachment and execution of property that is exempted from the grant of immunity as provided elsewhere in Section
Other provisions of Section unambiguously revoke the immunity of property of a foreign state, including specifically where a plaintiff holds a judgment under Section A provided certain express conditions are satisfied. For example, Section a provides that property in the United States used for a commercial activity in the United States shall not be immune from attachment and execution in seven enumerated circumstances. Section bde and f similarly set out circumstances in which certain property of a foreign state shall not be immune.
Section g conspicuously lacks the textual markers, shall not be immune or notwithstanding any other provision of law, that would have shown that it serves as an independent avenue for abrogation abolition of immunity. In fact, its use of the phrase as provided in this section signals the opposite: A judgment holder seeking to take advantage of Section g must identify a basis under one of Section s express immunityabrogating provisions to attach and execute against a relevant property. Emphasis added.
Throughout the FSIA, special avenues of relief to victims of terrorism exist. Where the FSIA goes so far as to divest a foreign state or property of immunity in relation to terrorismrelated judgments, however, it does so expressly. Out of respect for the delicate balance that Congress struck in enacting the FSIA, we decline to read into the statute a blanket abrogation of attachment and execution immunity for Section A judgment holders absent a clearer indication of Congresss intent.
DECISION AND REMEDY The United States Supreme Court concluded that Section g does not provide a freestanding basis for parties holding a judgment under Section A to attach and execute against the property of a foreign state, where the immunity of the property is not otherwise rescinded under a separate provision within Section The Court affirmed the judgment of the federal appellate court. legal Environment Is the Courts interpretation of Section g consistent with the purpose of the FSIA? Explain.
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