Supreme Court rules against US victims of 1997 terror attack in case involving Iranian artifacts

The U.S. Supreme Court ruled 8-0 Wednesday that U.S. victims of a 1997 terrorist attack in Jerusalem cannot obtain Iranian artifacts in the possession of the University of Chicago to satisfy a $71.5 million judgment Iran never paid.

In the opinion for the case, Rubin v. Islamic Republic of Iran, delivered by Justice Sonia Sotomayor, the justices affirmed a decision from the 7th U.S. Circuit Court of Appeals, which ruled against the victims of the attack and in favor of Iran.

The case deals with the avenues of recourse against foreign sponsors of terrorism and stems from the 1997 terrorist attack in Jerusalem, carried out by Hamas.

Eight Americans who were victims of the attack filed a lawsuit against Iran, arguing the country provided material support for terrorists.

The Americans won a $71.5 million judgment in court against Iran, though the country never paid. The victims of the terror attack then filed cases across the country attempting to claim Iranian assets to satisfy the judgment from the district court.

Rubin v. Islamic Republic of Iran specifically deals with a collection of roughly 30,000 clay tablets and fragments containing ancient writings in the University of Chicago’s possession.

The justices held that the U.S. victims hadn’t established the artifacts at issue in the case are exempt from immunity under provisions of the Foreign Sovereign Immunities Act of 1976.

The Foreign Sovereign Immunities Act grants foreign countries immunity in U.S. courts. However, countries that have been designed by the U.S. as state sponsors of terrorism are exempt from the law.

FSIA also grants their property immunity from “attachment and execution in satisfaction of judgments against them,” Sotomayor wrote.

Justice Elena Kagan did not participate in considering or deciding the case.

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