This week was relatively quiet, especially as the Court nears the end of its term. The Justices decided just two cases: Liu v. SEC (an arcane securities law case) and DHS v. Thuraissigiam (challenging asylum denials in court). They didn’t grant any new cases. Court-watchers enjoyed a brief lull after the tumultuous Title VII and DACA decisions last week, but that lull won’t last long. We’re the unguarded tree in the photo above, facing an impending deluge of 13 major decisions to be handed down over the next few weeks. So as we await the Court’s decisions in matters concerning abortion, Trump’s tax returns, religious liberty, Obamacare, free speech, and the Electoral College (among others), there’s just one thing to say: I hope you enjoyed the calm before the storm.
Pop quiz: Can U.S. citizens sue other countries in U.S. courts? Answer: Yes. There are a few exceptions to the Foreign Sovereign Immunities Act, which otherwise shields foreign countries from suits in state or federal court. Next question: Which of these exceptions did Congress create in 1996? Answer: The terrorism exception. U.S. citizens who are victims of terrorist attacks can sue a foreign state that (1) participated in or assisted the perpetrators of the attack and (2) has been designated a state-sponsor of terrorism by the U.S. State Department. Third question: Can a plaintiff suing under the terrorism exception seek punitive damages against the foreign country? Answer: Yes. Congress in 2008 listed punitive damages as a possible award for such plaintiffs. Final question: Can plaintiffs who brought a terrorism suit before 2008 still seek punitive damages? In other words, did Congress intend the punitive-damages provision to apply retroactively? Well, this was the very question the Supreme Court answered this week in Opati v. Republic of Sudan. Read on to find out.