Friday, January 12, 2018
Today the Supreme Court granted certiorari in Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. (No. 16-1220), limited to the following question:
Whether a court may exercise independent review of an appearing foreign sovereign’s interpretation of its domestic law (as held by the Fifth, Sixth, Seventh, Eleventh, and D.C. Circuits), or whether a court is “bound to defer” to a foreign government’s legal statement, as a matter of international comity, whenever the foreign government appears before the court (as held by the opinion below in accord with the Ninth Circuit).