Republic of Sudan v. Harrison (16-1094)
argument 16-1094Republic of Sudan v. Harrison
Supreme Court of the United States
1h 1m
7 speakers
8 chapters
transcribed 6 days ago
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What is the central legal issue about service of process in Republic of Sudan v. Harrison?
We'll hear argument first this morning in case sixteen ten ninety four Republic of Sudan versus Harrison. Mr
Kern? Mr Chief Justice, and may it please the court. When we're talking about a mailing and a requirement that the mailing be addressed and dispatched to a specified person. We naturally understand that to require that the mailing bear the address of the person and be sent to that address. That plain meaning of sixteen oh eight A three is reinforced by other features of the FSIA's service provisions. Specifically, when Congress intended there to be an intermediary between the sender and the ultimate recipient, it said so. It said that in A four. where it addressed service through the US Secretary of State. It said that in B two. where it authorised the service through an agent in the United States. no counterpart in A three.
have to say if uh my first instinct if I wanted to mail something to the head uh or cabinet member in a foreign country, I would would That would be my first thought. Why don't I y deliver it to the embassy? The other the idea of mailing it to the foreign minister in some country and assuming it's going to get there in any reasonable time, I think you're much more much more likely to reach him through the embassy.
Yeah, well I I I don't think that can be squared with the plain language of sixteen oh eight A three or again the surrounding provisions of the FSA service provisions. I i a a a foreign minister, the head of the Ministry of Foreign Affairs, does not have an office in it in the diplomatic missions. So it literally would not be complying with the statutory language to send the mailing to that diplomatic mission.
Suppose somebody uh suppose somebody sent you a letter addressed to the Whiteon case office in New York City. I bet that would get to you, wouldn't it?
Uh it might get to me. Would that not be addressed to you? Uh I I don't think it would be addressed and dispatched to me. No. Uh m my address i is always held out as seven oh one thirteenth Street, Washington DC. So that might that it might get to me, but it wouldn't be compliant with langu with a statutory requirement like we see in A three. And and and Justice Alito, furthermore, uh uh sixteen oh eight C with the return receipt requirement, how would that square if a package was sent to me in New York City? Would the recipient up there in the mailroom sign the return receipt? That hardly guarantees, that's hardly proof of delivery to the ultimate recipient. Uh when it is going through an intermediary in that
the addressed and dispatched language do the trick for you. US Embassy around the world, I think you would see posted on you would see mounted on the wall a picture of the Secretary of State. Which signifies in a sense that the Secretary this is under the jurisdiction of the Department of State.
Under the jurisdiction well, uh just as Lito, I guess I would draw an analogy uh I don't know what circuits you are the circuit justice for, probably the Third Circuit perhaps. Would would a package sent to a Federal District Court uh in New Jersey be addressed and dispatched to Your Honor? I think not, particularly if it if it's it's accompanied by a requirement for that it be a return receipt, that would be evidence of the
Yeah, it might it might not be. But w when I was on the Third Circuit, my office was in Newark. But the headquarters of the court was in Philadelphia and I used to get mail that was addressed to me, US Court of Appeals, Market Street, Philadelphia.
We're we're talking about a statutory provision that has to be applied literally and strictly. I say strictly because The provisions sixteen oh eight A, unlike b B and particularly B three, doesn't say actual notice does it or anything like that. And the uh the the d circuit courts have concluded almost uniformly that sixteen oh eight A requires strict compliance. It's certainly not strict compliance to uh address a package to uh Newark for a third circuit. But
Mr Kern, I guess I'm wondering the the the statutory language does not say at his own office um
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Chapters
8 chapters
1
What is the central legal issue about service of process in Republic of Sudan v. Harrison?
0:00–12:23
2
How does the FSIA’s §1608‑A3 define “addressed and dispatched” for foreign‑state service?
12:23–25:08
3
Why do the parties argue that an embassy is (or isn’t) the proper address for the foreign minister?
25:08–36:25
4
What legislative history shows Congress’ intent to avoid using embassies for service?
36:25–48:37
5
How does the Vienna Convention on Diplomatic Relations affect service by mail?
48:37–53:20
6
What policy and reciprocity concerns arise from allowing service at embassies?
53:20–58:57
7
How do practical challenges (mail delivery, return receipts, diplomatic channels) impact service?
58:57–1:00:24
8
What conclusions and orders does the Court reach on the service‑of‑process dispute?
1:00:24–1:01:12