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

Please join us in congratulating the Vanderbilt Journal of Transnational Law 2014-2015 Annual Award Winners.

Read the Journal’s latest issue (Vol. 48 No. 1) here.

Video is now available from the Vanderbilt Journal of Transnational Law‘s latest symposium, This is Not a Drill: Confronting Legal Issues in the Wake of International Disasters. Watch them here.

We are pleased to announce the 2015-2016 Board of Editors.

The Vanderbilt Journal of Transnational Law mourns the death of its founder, Professor Harold G. Maier.

Explore Other Vanderbilt Law Resources