Republic of Sudan v. Harrison

Republic of Sudan v. Harrison
Argued November 7, 2018
Decided March 26, 2019
Full case nameRepublic of Sudan v. Rick Harrison
Docket no.16-1094
Citations587 U.S. ___ (more)
139 S. Ct. 1048; 203 L. Ed. 2d 433
Case history
PriorHarrison v. Republic of Sudan, 802 F.3d 399 (2d Cir. 2015); rehearing denied, 838 F.3d 86 (2d Cir. 2016); cert. granted, 138 S. Ct. 2671 (2018).
Holding
Under the Foreign Sovereign Immunities Act, civil complaints and summons must be served directly to the foreign minister's office in the minister's home country, not to their home country's embassy within the United States.
Court membership
Chief Justice
John Roberts
Associate Justices
Clarence Thomas · Ruth Bader Ginsburg
Stephen Breyer · Samuel Alito
Sonia Sotomayor · Elena Kagan
Neil Gorsuch · Brett Kavanaugh
Case opinions
MajorityAlito, joined by Roberts, Breyer, Ginsburg, Gorsuch, Kagan, Kavanaugh, Sotomayor
DissentThomas
Laws applied
Foreign Sovereign Immunities Act

Republic of Sudan v. Harrison, 587 U.S. ___ (2019), was a United States Supreme Court case from the October 2018 term. The Court held that civil service of a lawsuit against the government of Sudan was invalid because the civil complaints and summons had been sent to the Embassy of Sudan in Washington, D.C. rather than to the Sudanese Foreign Minister in Khartoum.

This case is notable because it arose out of the bombing of the USS Cole, a terrorist attack perpetrated by Al-Qaeda in 2000.[1] The United States federal government's decision to file a friend of the court brief supporting Sudan against a lawsuit filed by injured United States service members also sparked controversy.[2] The administration's amicus curiae brief condemned the terrorist attack but argued that allowing service of process at embassies would undermine the principle of mission inviolability.[3]

  1. ^ Stempel, Jonathan (September 22, 2017). "USS Cole victims can get Sudan assets, over U.S. objection: U.S. court". Reuters. Retrieved November 25, 2019.
  2. ^ Barnes, Robert (November 4, 2018). "USS Cole victims opposed at Supreme Court by unlikely partners: Sudan and US". The Washington Post. Retrieved November 25, 2019.
  3. ^ Liptak, Adam (October 29, 2018). "In Ill-Timed Brief, Saudi Arabia Seeks to Protect Its Consulates". The New York Times. Retrieved February 10, 2020.

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