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November 25, 2022

Congressional Research Service Legal Side Bar, Two Supreme Court Cases to Test Limits on Foreign Sovereign Immunity for Holocaust Harms

Please read the following article: Stephen P. Mulligan, Congressional Research Service Legal Side Bar, Two Supreme Court Cases to Test Limits on Foreign Sovereign Immunity for Holocaust Harms (2021), https://crsreports.congress.gov/product/pdf/LSB/LSB10563.

Then answer the following:

1. What are the general background facts and the legal arguments in the two cases?

2. Under what exceptions to the FSIA rule did the Plaintiffs try to claim that it did not apply in the court cases?

3. What was the basis for the Court’s ruling? Please see the update at the top of the article. You may also refer to the Supreme Court Opinions linked above.

4. Do you agree or disagree with the Court’s decision and why?

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