Tag Archives: FSIA

Judge Gorsuch On International Issues

Neil Gorsuch

Here is a look at the record of Judge Neil Gorsuch, the President’s nominee for the Supreme Court, from the Letters Blogatory perspective. A quick note on methodology: I used the same super-secret search query that I use to find cases of the day to write about. So I may not have seen all of Judge Gorsuch’s written opinions that could be called international in focus, but I’m pretty sure I’ve seen whatever there is that relates to our main areas of concern (the Hague Conventions, § 1782, the FSIA, etc.).
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Case of the Day: Schermerhorn v. Israel

The Mavi Mamara
The Mavi Mamara, another ship in the flotilla. Credit: Free Gaza movement

The case of the day is Schermerhorn v. State of Israel (D.D.C. 2017). We first took a look in January 2016, and I’ve written about another case in the “Gaza flotilla lawfare” genre, Doğan v. Barak, too. David Schermerhorn were passengers on the Challenger I, a US-flagged vessel that took part in the 2010 attempt to break the Israeli naval blockade of Gaza. After the IDF stopped the ship, Schermerhorn and the others sued Israel in Washington for physical and emotional injuries, on theories of war crimes, false imprisonment, assault and battery, intentional infliction of emotional distress, and conversion. Israel moved to dismiss on grounds of foreign sovereign immunity.
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