Turkiye Halk Bankasi A.S. v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 21-1450 | 2nd Cir. | Jan 17, 2023 | Apr 19, 2023 | 9-0 | Kavanaugh | OT 2022 |
Holding: The district court has jurisdiction of this criminal prosecution under 18 U.S.C. " 3231, and the Foreign Sovereign Immunities Act's comprehensive scheme governing claims of immunity in civil actions against foreign states and their instrumentalities does not cover criminal cases.
Judgment: Affirmed in part, vacated and remanded in part, 9-0, in an opinion by Justice Kavanaugh on April 19, 2023. Justice Gorsuch filed an opinion concurring in part and dissenting in part, in which Justice Alito joined.
SCOTUSblog Coverage
- Court rules federal immunity law does not shield Turkish bank from U.S. prosecution (Amy Howe, April 20, 2023)
- Justices probe global consequences of allowing U.S. prosecutions of companies owned by foreign governments (Amy Howe, January 17, 2023)
- Justices will weigh U.S. attempt to prosecute Turkish bank accused of dodging sanctions (Amy Howe, January 16, 2023)
- Seven mostly low-profile cases are slated for oral arguments in January (Amy Howe, November 10, 2022)
- Court agrees to hear nine new cases, including challenge to tech companies immunity under Section 230 (Amy Howe, October 3, 2022)
- The return of the vaccine mandate for health workers and sovereign immunity for a Turkish bank (Andrew Hamm, June 3, 2022)
| Date | Proceedings and Orders |
|---|---|
| 01/25/2022 | Application (21A373) to extend the time to file a petition for a writ of certiorari from March 15, 2022 to May 13, 2022, submitted to Justice Sotomayor. |
| 01/31/2022 | Application (21A373) granted by Justice Sotomayor extending the time to file until May 13, 2022. |
| 05/13/2022 | Petition for a writ of certiorari filed. (Response due June 16, 2022) |
| 06/07/2022 | Motion to extend the time to file a response from June 16, 2022 to July 18, 2022, submitted to The Clerk. |
| 06/09/2022 | Motion to extend the time to file a response is granted and the time is extended to and including July 18, 2022. |
| 06/16/2022 | Brief amici curiae of Republic of Azerbaijan and Islamic Republic of Pakistan filed. |
| 07/18/2022 | Brief of respondent United States in opposition filed. |
| 08/02/2022 | Reply of petitioner Turkiye Halk Bankasi A.S. filed. (Distributed) |
| 08/03/2022 | DISTRIBUTED for Conference of 9/28/2022. |
| 10/03/2022 | Petition GRANTED. |
| 11/10/2022 | SET FOR ARGUMENT on Tuesday, January 17, 2023. |
| 11/14/2022 | Brief of petitioner Turkiye Halk Bankasi A.S. filed. |
| 11/14/2022 | Joint appendix filed. (Statement of costs filed) |
| 11/16/2022 | Record requested from the U.S.C.A. 2nd Circuit. |
| 11/16/2022 | Record received from the U.S.C.A. 2nd Circuit. The record was received electronically. |
| 11/21/2022 | Brief amici curiae of The Turkish Red Crescent, et al. filed. |
| 11/21/2022 | Brief amicus curiae of Roger O'Keefe filed. |
| 11/21/2022 | Brief amici curiae of Republic of Azerbaijan, et al. filed. |
| 11/21/2022 | Brief amici curiae of Professors Ingrid (Wuerth) Brunk and William S. Dodge in support of neither party filed. |
| 11/21/2022 | Brief amicus curiae of Republic of Türkiye filed. |
| 11/21/2022 | Brief amicus curiae of Lord Daniel Brennan KC filed. |
| 12/07/2022 | CIRCULATED |
| 12/14/2022 | Brief of respondent United States filed. (Distributed) |
| 12/21/2022 | Brief amici curiae of Mark B. Feldman, Esq., et al. filed. (Distributed) |
| 12/21/2022 | Brief amicus curiae of United Against Nuclear Iran filed. (Distributed) |
| 12/22/2022 | Record received from the U.S.D.C.-Southern District of New York (1 box of sealed materials). |
| 01/06/2023 | Reply of petitioner Turkiye Halk Bankasi A.S. filed. (Distributed) |
| 01/17/2023 | Argued. For petitioner: Lisa S. Blatt, Washington, D. C. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C |
| 04/19/2023 | Adjudged to be AFFIRMED IN PART, VACATED, and case REMANDED IN PART. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Sotomayor, Kagan, Barrett, and Jackson, JJ., joined. Gorsuch, J., filed an opinion concurring in part and dissenting in part, in which Alito, J., joined. |
| 04/26/2023 | Record returned to the U.S.D.C.-Southern District of New York (1 box of sealed materials). |
| 05/22/2023 | Judgment issued. |