As the Supreme Court begins its 2011 term, its docket includes Flores-Villar v. United States, docket no. 09-5801, a case challenging citizenship laws that distinguish between the nonmarital children of U.S.
Global Families in the ABA Journal
Here’s an article by G.M. Filisko in this month’s ABA Journal touching on international divorce, the Hague Children’s Conventions, and the Supreme Court’s decision in Abbott: “When Global Families Fail.”
Commentary on the Abbott Decision
Blogposts on the Supreme Court’s ruling in Abbott last week:
Charels Kotuby (ConflictofLaws.net): “Abbott v. Abbott: A Ne Exeat Right is a ‘Right of Custody’ Under the Hague Abduction Convention.”
Abbott Decision: Parent With ne exeat Right Has a “Right of Custody”
In a 6-3 decision, the Supreme Court has ruled in Abbott v.
Supreme Court Takes New Gender/Citizenship Case
The Supreme Court has granted certiorari in a case challenging citizenship laws that treat the nonmarital children of US citizen mothers and fathers differently. The case, Flores-Villar v. United States, 536 F.3d 990 (9th Cir. 2009) (Supreme Court docket no. 09-5801) poses an equal protection issue similar to the one in Nguyen v. I.N.S., 533 U.S. 53 (2001). Nguyen concerned the nonmarital child of a U.S.
Commentary on the Abbott Oral Arguments
Here’s a sample of media commentary on the oral arguments yesterday in Abbott v. Abbott:
Mark Sherman (Associated Press): “Scalia (yes, Scalia) invokes foreign law in court.”
Dahlia Lithwick (Slate.com): “All in the Family: The Supreme Court plays nice over international child custody.”
Oral Argument in Abbott on January 12
A transcript of the oral argument in the U.S. Supreme Court in Abbott v. Abbott, held on January 12, is available on the Court’s web page later in the day. Here’s a link to the oral argument page; the docket number for the case is 08-645.
Additional Amicus Briefs in Abbott Case
According to the Supreme Court docket sheet for Abbott v.
Oral Argument set in Abbott
Abbott v. Abbott has been set for oral argument in the U.S. Supreme Court on Tuesday, January 12, 2010. The petitioner’s merits brief was filed in September and is available on Westlaw, along with a number of amicus briefs (including briefs for the United States and the Hague Conference on Private International Law). Respondent’s brief on the merits is due by November 17, and there are likely to be additional amicus briefs.
State Department ACPIL Meeting
The annual meeting of the State Department’s Advisory Committee on Private International Law (ACPIL), held in Washington D.C. this week, included a panel on international family law issues. The discussion included: