Yesterday, the Supreme Court asked for the views of the Solicitor General in Samantar v. Yousuf.
According to the petition for certiorari, the issue in the case is “Whether a foreign official’s common-law immunity for acts performed on behalf of a foreign state is abrogated by plaintiffs’ allegations that those official acts violate jus cogens norms of international law.” The brief in opposition can be read here, and the reply brief in support of the petition can be read here.
Lawfare’s prior extensive coverage of Samantar can be found here. John Bellinger has covered Samantar as it worked its way up from the E.D.Va. to the Supreme Court, twice. We will post the Solicitor General's brief when it is filed---and of course also report back on the outcome of Samantar's current petition for review.