The U.S. Supreme Court recently heard arguments from the Department of Justice, which asserted that foreign states do not possess due process rights under the U.S. Constitution. Acting U.S. Solicitor General Sarah Harris, representing the government, clarified that foreign nations are not considered “persons” entitled to the protections afforded by the Fifth Amendment. During her argument in the case CC/Devas v. Antrix, Harris emphasized this position, marking her inaugural appearance as the top appellate lawyer for the administration.
This legal stance may have significant implications for how foreign states engage in litigation within federal courts, fundamentally altering their approach to constitutional protections in the U.S. To explore further details from the case and implications of this stance, please visit the National Law Journal.