Skip to content

Federal Republic of Germany v. Philipp

Docket No. Op. Below Argument Opinion Vote Author Term
19-351 D.C. Cir. Dec 7, 2020 Feb 3, 2021 9-0 Roberts OT 2020

Holding: The Foreign Sovereign Immunities Act"s expropriation exception, 28 U.S.C. § 1605(a)(3), incorporates the domestic takings rule, which recognizes that a foreign sovereign"s taking of its own nationals" property is not a violation of international law.

Judgment: Vacated and remanded, 9-0, in an opinion by Chief Justice Roberts on February 3, 2021.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
07/26/2019Application (19A118) for a stay pending the filing and disposition of a petition for a writ of certiorari, submitted to The Chief Justice.
07/30/2019Application (19A118) denied by The Chief Justice. The application is denied without prejudice to petitioners filing a new application after seeking relief in the district court.
09/16/2019Petition for a writ of certiorari filed. (Response due October 18, 2019)
10/17/2019Brief of respondents Alan Philipp, et al. in opposition filed.
12/27/2019Reply of petitioners Federal Republic of Germany, et al. filed. (Distributed)
12/30/2019DISTRIBUTED for Conference of 1/17/2020.
01/21/2020The Solicitor General is invited to file a brief in this case expressing the views of the United States.
05/26/2020Brief amicus curiae of United States filed. VIDED.
06/08/2020Supplemental brief of respondents Alan Philipp, et al. filed. VIDED. (Distributed)
06/09/2020DISTRIBUTED for Conference of 6/25/2020.
06/29/2020DISTRIBUTED for Conference of 7/1/2020.
07/02/2020Petition GRANTED.
07/29/2020Motion for an extension of time to file the briefs on the merits filed.
07/30/2020Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 4, 2020. The time to file respondents' brief on the merits is extended to and including October 22, 2020.
07/31/2020Blanket Consent filed by Respondent, Alan Philipp, et al.
07/31/2020Blanket Consent filed by Petitioner, Federal Republic of Germany, et al.
09/04/2020Joint appendix filed. (Statement of costs filed)
09/04/2020Brief of petitioners Federal Republic of Germany, et al. filed.
09/04/2020Proposal of petitioners to lodge materials under Rule 32.3 filed.
09/10/2020Brief amici curiae of Davis R. Robinson, et al. in support of neither party filed.
09/10/2020Brief amici curiae of Foreign International Law Scholars and Jurists filed.
09/11/2020Brief amicus curiae of United States filed.
09/11/2020Brief amici curiae of Professors Samuel Estreicher and Thomas H. Lee in support of neither party filed (also in 18-1447). VIDED.
09/11/2020Brief amicus curiae of Societe Nationale SNCF SA in support of neither party filed (also in 18-1447). VIDED
09/11/2020Brief amici curiae of Holocaust and Nuremberg Historians in support of neither part filed.
09/16/2020SET FOR ARGUMENT on Monday, December 7, 2020.
10/08/2020Record requested from the U.S.C.A. District of Columbia Circuit.
10/19/2020Brief amici curiae of National Jewish Commission on Law and Public Affairs (COLPA), et al. filed.
10/19/2020Record received from the U.S.C.A. D.C. Circuit is electronic and located on PACER.
10/22/2020Brief of respondents Alan Philipp, et al. filed. (Distributed)
10/22/2020Proposal of Respondents to lodge materials under Rule 32.3 filed.
10/27/2020CIRCULATED
10/27/2020Brief amici curiae of Florida Holocaust Museum, et al. filed. (Distributed)
10/28/2020Brief amici curiae of The 1939 Society, et al. filed (also in 18-1447) filed. VIDED. (Distributed)
10/28/2020Brief amicus curiae of The Holocaust Art Restitution Project, Inc. filed. (Distributed)
10/29/2020Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
10/29/2020Brief amici curiae of Members of the United States House of Representatives filed (also in 18-1447). VIDED. (Distributed)
10/29/2020Brief amici curiae of Professor William S. Dodge and Professor Maggie Gardner filed (also in 18-1447). VIDED. (Distributed)
10/29/2020Brief amici curiae of The World Jewish Congress, Commission for Art Recovery, and Ambassador Ronald S. Lauder filed (also in 18-1447). VIDED. (Distributed)
10/29/2020Brief amici curiae of American Association of Jewish Lawyers and Jurists and other advocates for Holocaust restitution filed. (Distributed)
10/29/2020Brief amici curiae of Holocaust Survivors Foundation, USA, Inc., et al. (also in 19-351) filed. VIDED. (Distributed)
10/29/2020Brief amicus curiae of Peter Toren filed. (Distributed)
10/29/2020Proposal of amici curiae the World Jewish Congress, Commission for Art Recovery, and Ambassador Ronald S. Lauder to lodge materials under Rule 32.3 filed.
11/09/2020Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
11/23/2020Reply of petitioners Federal Republic of Germany, et al. filed. (Distributed)
12/07/2020Argued. For petitioners: Jonathan M. Freiman, New Haven, Conn.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Nicholas M. O'Donnell, Boston, Mass.
02/03/2021Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion for a unanimous Court.
03/08/2021JUDGMENT ISSUED.