Bank Markazi Opinion Breakdown

Posted: May 25, 2016 by beguide in Opinion Breakdown, Uncategorized

BACKGROUND IN A NUTSHELL:  People successfully sued Iran and wanted money that was protected by sovereign immunity.  Congress lifted the protection

WHO WON? The people won 6-2

WHO WROTE THE OPINION?  Ginsberg

IS IT WORTH READING? Yes, but only to see how underwhelming it is.  Ginsberg finds a collection of loopholes supporting the action, all of which supporting Congress’ ability to basically do whatever they want.

ANY DISSENTS:  Yes

BY WHO?  Roberts

IT IS WORTH READING?  Yes because Roberts is always at his feistiest when writing against Ginsberg on Constitutional issues.  Roberts thinks that Congress is treading on the Court here, and basically views this from the result of the case, whereas the majority views it from the procedure that got to the result.

SHOULD YOU CARE?  Hard to say.

WHY ?  This is a fairly unusual case that deals with terrorism, so let’s hope this doesn’t affect you personally.  This didn’t seem to hit the news too much, but I’m sure if Iran up and decided to take millions of our dollars, we’d probably be salty about it.

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Comments
  1. […] government’s courts is almost unprecedented. I say almost because this is almost what the Bank Markazi case was about, but there, Congress just wanted to remove sovereign immunity from foreign money in the […]

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