Supreme Court Weighs Holocaust Survivor Case

There is a case before the Supreme Court that could have international repercussions.

The court must answer the question if Holocaust survivors can use the U.S. court system to apply pressure on another country regarding confiscated property.

This is an issue that has been litigated for more than a decade, and now the Supreme Court will finally weigh in.

Decision Time

Holocaust survivors have been going after Hungary on this issue for quite some time.

Hungary claims it has legal immunity in American courts as a foreign sovereign nation, but that is being challenged by survivors, using something called “expropriation” of property.

The Holocaust survivors are challenging this immunity based on a “comingling theory.”

This theory states that the survivors can recover funds from their assets, which Hungary confiscated and liquidated decades ago.

The theory has merit, claiming that the funds for those assets is now in the United States due to Hungary making payments via interest and bonds.

Joshua Glasgow, who represented Hungary, says the theory must be rejected, further stating that if the shoe was on the other foot, “The United States would be outraged and affronted by such a decision.”

It does not sound like the court is going to be receptive of this theory, with Chief Justice Roberts stating, “Once you say commingling counts, well, then everything’s pretty much fair game.”

Justice Kavanaugh added, “One of the important things, I think, with making sure we don’t read it too expansively is friction with other countries and, if other countries adopted a similar expropriation and commingling theory, the effects it would have on the United States.”

Not surprisingly, Justice Kagan seemed to be on the opposite side of the coin, responding, “Doesn’t this provide a roadmap to any country that wants to expropriate property? In other words, just sell the property, put it into your national treasury, insulate yourself from all claims for all time.”

Foreign nations cannot be brought into American courts via the Foreign Sovereign Immunities Act, with the only exceptions being property that was taken in violation of international law.

Considering the time that has passed and the inability to track the confiscated funds, I just don’t see the majority of the court ruling in favor of the Holocaust victims.