Home » Blog » Wuerth: Solicitor’s argument on executive power “unconvincing”

Wuerth: Solicitor’s argument on executive power “unconvincing”

· Dec-18-2013 · ()

Professor Ingrid Wuerth has written a new post for Lawfare to react to the Solicitor General’s new brief in the Samantar v. Yousuf case.  Wuerth is a professor of law at Vanderbilt University and an expert on international law.

In Samantar, the petitioners have sued a former Somali leader in the U.S. for human rights violations that occurred in Somalia, and the Fourth Circuit has held that an exception to foreign official immunity allows them to do so.

Wuerth agrees with the Solicitor General that the Supreme Court should vacate the Fourth Circuit’s opinion and remand the case.  However, she disagrees with the administration’s argument on the extent of its power to define immunity.

“The Solicitor General’s brief argues that the Executive Branch has absolute control over the development of the common law of foreign official immunity, as well as the application of that common law in particular cases,” she writes. “The argument is both expansive and unconvincing.”

Read more HERE.

 




Leave a Reply

ExpressO Top 10 Law Review

ANNOUNCEMENTS

We are pleased to announce the 2014-2015 Board of Editors and 2014-2015 Editorial Staff Members.

Please join us in congratulating the Vanderbilt Journal of Transnational Law 2013-2014 Annual Award Winners.

Coming up:

The Vanderbilt Journal of Transnational Law invites you to its 2015 Symposium, This is Not a Drill: Confronting Legal Issues in the Wake of International Disasters.

Recent and dire international disasters, both environmental and humanitarian, have left legacies not only of destruction and destitution, but also of an uncertain legal landscape. The Symposium will address current and pressing international-disaster-response topics. These will include environmental effects, disaster assistance, humanitarian assistance, and criminal processes and sanctions in the wake of various types of international disasters. Symposium participants will include leading scholars from across the country.

The 2015 Symposium will take place on Friday, February 13, 2015 at Vanderbilt Law School, 131 21st Avenue South, Nashville, TN 37203. A detailed schedule will be available soon.

For information on the 2015 Symposium, as well as past symposia hosted by the Journal, please visit the Symposium page.

Explore Other Vanderbilt Law Resources