Bank Markazi v. Peterson
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 14-770 | 2d Cir. | Jan 13, 2016 | Apr 20, 2016 | 6-2 | Ginsburg | OT 2015 |
Holding: Section 8772 of the Iran Threat Reduction and Syria Human Rights Act of 2012, which makes a set of assets held at a New York bank for Bank Markazi, the Central Bank of Iran, available for post-judgment execution to partially satisfy judgments in actions brought by victims of terrorist acts sponsored by Iran, does not violate the separation of powers.
Judgment: Affirmed, 6-2, in an opinion by Justice Ginsburg on April 20, 2016. Justice Thomas joined in all but Part II-C of the opinion. Chief Justice Roberts filed a dissenting opinion, in which Justice Sotomayor joined.
SCOTUSblog Coverage
- Opinion analysis: A broad addition to Congress's powers? (Lyle Denniston, April 20, 2016)
- Argument analysis: Flirting with congressional supremacy (Lyle Denniston, January 13, 2016)
- Argument preview: A serious constitutional dilemma (Lyle Denniston, January 6, 2016)
- Court seeks U.S. views on terrorism case (Lyle Denniston, April 6, 2015)
- Petition of the day (Maureen Johnston, March 5, 2015)
| Date | Proceedings and Orders |
|---|---|
| Dec 29 2014 | Petition for a writ of certiorari filed. (Response due January 30, 2015) |
| Jan 23 2015 | Order extending time to file response to petition to and including March 2, 2015. |
| Mar 02 2015 | Brief of respondents Deborah Peterson, et al. in opposition filed. |
| Mar 17 2015 | Reply of petitioner Bank Markazi, aka The Central Bank of Iran filed. |
| Mar 18 2015 | DISTRIBUTED for Conference of April 3, 2015. |
| Apr 06 2015 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| Aug 19 2015 | Brief amicus curiae of United States filed. |
| Sep 01 2015 | Supplemental brief of petitioner Bank Markazi, aka The Central Bank of Iran filed. |
| Sep 02 2015 | DISTRIBUTED for Conference of September 28, 2015. |
| Oct 01 2015 | Petition GRANTED. |
| Nov 06 2015 | Motion to dispense with printing the joint appendix filed by petitioner Bank Markazi, aka The Central Bank of Iran. |
| Nov 16 2015 | Brief of petitioner Bank Markazi, aka The Central Bank of Iran filed. |
| Nov 20 2015 | Consent to the filing of amicus curiae briefs, In support of either party or of neither party, received from counsel for the petitioner |
| Nov 20 2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party received from counsel for the respondents, Deborah Peterson, et al. |
| Nov 23 2015 | Brief amici curiae of Federal Courts Scholars filed. |
| Nov 24 2015 | SET FOR ARGUMENT on Wednesday, January 13, 2016 |
| Nov 30 2015 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Dec 04 2015 | Record requested from U.S.C.A. 2nd Circuit. |
| Dec 11 2015 | Record received from U.S.D.C. Southern District of New York. The record is SEALED, and arrived in 4 Boxes. |
| Dec 15 2015 | CIRCULATED. |
| Dec 16 2015 | Brief of respondents Deborah Peterson, et al. filed. (Distributed) |
| Dec 17 2015 | Record received from U.S.C.A. 2nd Circuit. The record is electronic, also received is one box of SEALED records. |
| Dec 21 2015 | Brief amici curiae of National Security Law Professors filed. (Distributed) |
| Dec 22 2015 | Brief amicus curiae of The United States Senate filed. (Distributed) |
| Dec 22 2015 | Brief amicus curiae of Agudas Chasidei Chabad filed. (Distributed) |
| Dec 23 2015 | Brief amicus curiae of United States filed. (Distributed) |
| Dec 23 2015 | Brief amici curiae of Former Senior Officials of the Office of Legal Counsel filed. (Distributed) |
| Dec 23 2015 | Brief amici curiae of The Bipartisan Legal Advisory Group of the U.S. House of Representatives, and 225 Individual Members of the U.S. House of Representatives filed. (Distributed) |
| Dec 23 2015 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Dec 23 2015 | Brief amicus curiae of Foundation for Defense of Democracies filed. (Distributed) |
| Dec 23 2015 | Brief amici curiae of Constitutional Law and Federal Courts Scholars filed. (Distributed) |
| Dec 23 2015 | Brief amici curiae of Current United States Senators Sheldon Whitehouse, Lindsey O. Graham, Ted Cruz, and Christopher A. Coons filed. (Distributed). |
| Jan 06 2016 | Reply of petitioner Bank Markazi, aka The Central Bank of Iran filed. (Distributed) |
| Jan 08 2016 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Jan 13 2016 | Argued. For petitioner: Jeffrey A. Lamken, Washington, D. C. For respondents: Theodore B. Olson, Washington, D. C.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae). |
| Apr 20 2016 | Adjudged to be AFFIRMED. Ginsburg, J., delivered the opinion of the Court, in which Kennedy, Breyer, Alito, and Kagan, JJ., joined, and in all but Part II-C of which Thomas, J., joined. Roberts, C. J., filed a dissenting opinion, in which Sotomayor, J., joined. |
| May 23 2016 | JUDGMENT ISSUED |
| Aug 21 2018 | Record from the U.D.C.A. 2nd Circuit has been returned. |
| Aug 21 2018 | Record from the U.S.D.C. Southern District of New York has been returned. |
