Wednesday, May 14, 2008

No Quorum

On Monday, the Supreme Court was forced under 28 U.S.C. § 1 to affirm the Second Circuit’s decision in American Isuzu Motors, Inc.v. Ntsebeza and allow South African citizens to proceed in a lawsuit against American and foreign corporations.  The corporations asked the Court to reverse the Second’s Circuits decision that the suit could proceed under the Alien Tort Statute.  However, Justices Roberts, Breyer, Alito, and Kennedy recused themselves, depriving the Court of the required six-justice quorum.  For more on this issue, click here to see Tony Mauro’s piece in the Legal Times, High Court Allows Apartheid Case to Proceed.—Counseller/nc

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I think you mean the Court was forced to affirm pursuant to 28 USC 2109 -- 28 USC 1 merely defines the number necessary for a quorum but does not dictate the effect of a lack of quorum on a pending case.

Posted by: David | May 14, 2008 10:26:09 AM