tag:blogger.com,1999:blog-8971039553132956792.post7062940536292991946..comments2023-09-26T01:11:06.289-07:00Comments on Dubitante (a blog): General thoughts on the December sittingJustinhttp://www.blogger.com/profile/05043706617583280633noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-8971039553132956792.post-33709434779531406902015-12-11T12:52:34.148-08:002015-12-11T12:52:34.148-08:00My plan is to focus on Bank Markazi for the Januar...My plan is to focus on Bank Markazi for the January sitting. That case revolves around whether Congress can simply pass a bill requiring a specific outcome in ongoing litigation. While I think that question is, in and of itself, interesting, I want to take the question in a slightly different situation.<br /><br />The case involves the terrorism exception to the FSIA (full disclosure: I have worked on this exception in the past, and I happen to think it is constitutionally problematic). What I want to focus on is whether, by requiring the Court to seize specific assets, is Congress commandeering the Court and delegating to it foreign affairs powers. I may then follow up on those posts to see whether the lack of discretion exacerbates or minimizes the problem, and then finish up as to why the DC Circuit's decision in Peugh v. Libya (holding that foreign sovereigns sued under the FSIA do not have due process rights) is wrong. Justinhttps://www.blogger.com/profile/05043706617583280633noreply@blogger.com