Issue: (1) Whether the Treaty of Amity between the United States and Iran also provides a cause of action to sue the foreign sovereign in the courts of the company’s “home” country, so that respondent McKesson may sue Iran in the United States and an Iranian company may sue the United States in Iran; and (2) whether a foreign sovereign’s interpretation of its domestic law is entitled to deference, as several other appellate courts have concluded, and the court below therefore erred by failing to defer to Iran’s interpretation of Iranian law to provide a cause of action for companies doing business in Iran only in Iranian courts.
On Monday, the justices met for their September 26 conference. They issued orders from this conference on Thursday. The court granted certiorari in nine cases, consolidating two. The October sitting will begin on October 3; the argument calendar for that sitting is available on the court's website.
Bank of America Corp. v. City of Miami (1) Whether, by limiting suit to “aggrieved person[s],” Congress required that a Fair Housing Act plaintiff plead more than just Article III injury-in-fact; and (2) whether proximate cause requires more than just the possibility that a defendant could have foreseen that the remote plaintiff might ultimately lose money through some theoretical chain of contingencies.
Moore v. Texas (1) Whether it violates the Eighth Amendment and this Court’s decisions in Hall v. Florida and Atkins v. Virginia to prohibit the use of current medical standards on intellectual disability, and require the use of outdated medical standards, in determining whether an individual may be executed.
Pena-Rodriguez v. Colorado Whether a no-impeachment rule constitutionally may bar evidence of racial bias offered to prove a violation of the Sixth Amendment right to an impartial jury.
BeavEx Inc. v. Costello Whether the Federal Aviation Administration Authorization Act preempts generally-applicable state laws that force motor carriers to treat and pay all drivers as “employees” rather than as independent contractors.