• Will U.S. Supreme Court review Ninth Circuit Court decision?

    The Supreme Court is scheduled to issue its decision next week on whether to review an earlier Ninth Circuit Court decision striking down a California law, which would allow Armenian Americans to pursue Genocide-era life insurance claims. The Court will be reviewing petitions filed over the summer at their September 24th conference before publicly issuing their decisions soon after, reported the Armenian National Committee of America (ANCA).

    Last month, U.S. Federal and State legislators filed an amicus brief in support of the Armenian American plaintiffs’ petition to the Supreme Court to review the flawed decision. The Members of Congress included Congresswoman Jackie Speier (D-CA), Ranking Member of the House Foreign Affairs Committee Howard Berman (D-CA), Representatives David Cicilline (D-RI), Anna Eshoo (D-CA), Frank Pallone (D-NJ), Ed Royce (R-CA), Adam Schiff (D-CA), and Brad Sherman (D-CA). Members of the legislature of the State of California who joined the brief were Senate President pro Tempore Darrell Steinberg, Majority Leader of the Assembly Charles Calderon (D-58), Senator Kevin de León (D-22), Assembly Members Katcho Achadjian (R-33) and Anthony Portantino (D-44).

    Snell & Wilmer LLP, led by appellate partner and Counsel of Record Mary-Christine Sungaila and associate attorney Seepan Parseghian, prepared the legislators’ amicus brief on a pro bono basis. The amicus brief catalogued the decades of state and local-level legislation that determined invest guidelines with foreign states, from statutes divesting from South Africa, Sudan, and Iran to policies targeted at promoting foreign trade. “State and local legislators will be unable to protect their communities’ interests adequately if they are forbidden to act in ways that could be construed to impact foreign affairs even tangentially,” outlined the brief. The brief further explained, “Globalization has added an increasingly international dimension to policy areas that the Court has determined to be within traditional state competence.. . . . The Ninth Circuit’s decision ignores these realities, and, as we explain, threatens the viability of a wide range of state and local legislation.”

    House Foreign Affairs Committee Ranking Member Howard Berman (D-CA) explained, “This brief advances what the State of California tried to do – ensure rightful compensation . . . from insurance companies that issued policies prior to the Armenian Genocide. I stand by the Armenian-American community in their quest for justice.”

    Rep. Adam Schiff (D-CA) noted, “The Ninth Circuit erred in its rulings on the appeal and if not corrected by the Supreme Court, would set a dangerous precedent for other states . . . It’s particularly disturbing that the Republic of Turkey has joined the fight against genocide victims once again by supporting the German insurance company that now contests the claims of the victims.”

    Rep. Brad Sherman (D-CA) stated, “I am pleased to join the amicus brief petitioning the Supreme Court to review the Armenian Genocide-era life insurance case. We should uphold the important California law that protects the property rights of Americans who were wrongly denied life insurance benefits during and after the Armenian Genocide of 1915-1923. I am confident that we will prevail in our fight against those who aid Turkey’s campaign of Genocide denial and that we will obtain justice for the victims.”

     

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