Von Saher v. Norton Simon Museum of Art at Pasadena

Issue: (1) Whether, in enacting a state statute extending the statute of limitations applicable to claims for the recovery of property stolen during the Holocaust against museums and galleries, the State of California was addressing an area of “traditional state responsibility” without intruding on the federal foreign affairs power; (2) whether a state statute extending the statute of limitations for the recovery of property stolen during the Holocaust, which does not conflict with any federal statute, treaty or policy, is preempted by the federal foreign affairs power to make and resolve war; and (3) whether California Code of Civil Procedure § 354.3 is facially unconstitutional when the application to the case at bar poses no constitutional infirmity.

Briefs and Documents

Certiorari-stage documents

• Opinion below (9th Circuit)
• Petition for certiorari
• Brief in opposition
• Amicus brief of Bet Tzedek Legal Services et al.
• Amicus brief of the State of California
• Amicus brief of the Commission for Art Recovery
• Petitioner's reply
• Petitioner's second supplemental brief
• Petitioner's supplemental brief