Monday
Jun082009
Supreme Court: U.S. Courts Have No Jurisdiction To Hear Suits Against Iraq
By Courtney Ann Jackson-Talk Radio News Service
According to federal law, foreign countries cannot be sued by individuals in the U.S. and that is one of the points the Supreme Court had to consider before releasing its decision today. But an exception applies that a country can be sued by American citizens if it is designated as a sponsor of terrorism. Immunity is ordinarily attached to foreign sovereigns.
In 2003, Congress authorized the President to make exceptions with respect to Iraq, which was designated as a sponsor of terrorism. The Emergency Wartime Supplemental Appropriations Act repealed previous restrictions. President George W. Bush said that year that EWSAA allowed him to “make inapplicable with respect to Iraq of the Foreign Assistance Act of 1961 or any other provision of law that applies to countries that have supported terrorism.”
That same year, families of torture victims filed suits against Iraq, alleging mistreatment by Iraqi officials during, and following the 1991 Gulf War. Kenneth Beaty is a U.S. citizen who was working as an oil-rig supervisor in Kuwait when he was arrested by Iraqi border guards after asking them for driving directions. William Barloon was serving as an aircraft maintenance supervisor in Kuwait when border police also arrested him. The two men were taken to prison in Baghdad where they were allegedly denied basic living necessities and their case is entitled Republic of Iraq v. Beaty.
The unanimous Supreme Court decision was delivered today by Justice Scalia. It stated that Iraq’s sovereign immunity was restored when the President exercised his EWSAA authority to make Iraq an exception. The ruling said that the U.S. courts therefore lost jurisdiction to hear suits against Iraq and should have dismissed the cases at that point. The judgement of the Court of Appeals was reversed. The Court also decided that the subset provision applied to the President’s power to create waiver. However, the waivers created by that power or the restoration of Iraq’s sovereignty, are not affected by the sunset.
According to federal law, foreign countries cannot be sued by individuals in the U.S. and that is one of the points the Supreme Court had to consider before releasing its decision today. But an exception applies that a country can be sued by American citizens if it is designated as a sponsor of terrorism. Immunity is ordinarily attached to foreign sovereigns.
In 2003, Congress authorized the President to make exceptions with respect to Iraq, which was designated as a sponsor of terrorism. The Emergency Wartime Supplemental Appropriations Act repealed previous restrictions. President George W. Bush said that year that EWSAA allowed him to “make inapplicable with respect to Iraq of the Foreign Assistance Act of 1961 or any other provision of law that applies to countries that have supported terrorism.”
That same year, families of torture victims filed suits against Iraq, alleging mistreatment by Iraqi officials during, and following the 1991 Gulf War. Kenneth Beaty is a U.S. citizen who was working as an oil-rig supervisor in Kuwait when he was arrested by Iraqi border guards after asking them for driving directions. William Barloon was serving as an aircraft maintenance supervisor in Kuwait when border police also arrested him. The two men were taken to prison in Baghdad where they were allegedly denied basic living necessities and their case is entitled Republic of Iraq v. Beaty.
The unanimous Supreme Court decision was delivered today by Justice Scalia. It stated that Iraq’s sovereign immunity was restored when the President exercised his EWSAA authority to make Iraq an exception. The ruling said that the U.S. courts therefore lost jurisdiction to hear suits against Iraq and should have dismissed the cases at that point. The judgement of the Court of Appeals was reversed. The Court also decided that the subset provision applied to the President’s power to create waiver. However, the waivers created by that power or the restoration of Iraq’s sovereignty, are not affected by the sunset.
House Majority Leader: Republicans Are Consistent With Being Consistently Wrong
House Majority Leader Steny Hoyer (D-Md.) offered a biting rebuttal to complaints levied by congressional Republicans that the Democrats have botched the recovery of the U.S. economy.
"Republicans are consistent with being consistently wrong," Hoyer quipped during a pen and pad session with reporters Tuesday.
The Majority Leader pointed to the economic program pursued by the Democratically controlled Congress in 1993, noting that although Republicans issued warnings of job loss and and out of control deficits, the economy faired quite well.
"Exactly the 180 degree opposite happened. Deficits were eliminated [and] we created 20.8 million jobs," Hoyer said.
Hoyer contrasted the 1993 economic program with the one proposed by the GOP controlled Congress in 2001.
"[Congressional Republicans] indicated that if we adopted their economic program...our economy would explode: creation of jobs, elimination of the deficit, and that our economy would be in very good shape,” Hoyer said. “What happened? Exactly the opposite."
"Our policy worked, [the Republicans'] policy failed," Hoyer added. "The American public decided they needed a change and they asked us to get the economy moving again."
The Majority Leader also touched upon Rep. Charles Rangel's (D-N.Y.) proposal to apply a surtax to individuals making over $280,000 in order to help cover the cost of health care reform. If adopted, Hoyer noted that he does not expect the proposal to harm small businesses.
"I don't know many small businessmen or women who are making $280,000, so I'm not sure that very many small businesses are going to be affected by this."