National Review Online
June 25, 2014
C. Dean McGrath, Jr.
The Framers of our Constitution wisely gave control of foreign policy to the political branches — the president and Congress. By and large, the judiciary was not part of the picture. On Thursday the Supreme Court will decide whether to hear an appeal — the case is Arab Bank v. Linde — focused on that separation of executive and legislative powers from judicial ones. The justices’ decision will have enormous implications for the global financial system and American interests in the Middle East.
To non-lawyers, the legal question at issue may sound arcane: whether to review a federal district court’s pretrial ruling in a mass tort action, brought under the Anti-Terrorism Act (ATA), for terrorist acts inside Israel. But the consequences could be far-reaching.
To read this article in its entirety on the National Review Online, click here.