Courts reviewing foreign laws
Animal Science Products v. Hebei Welcome Pharmaceutical Co.
In brief
The Supreme Court wiped out the Second Circuit’s judgment and returned the case to that court for another look.
- Where it stands
- Decided
Decided 9-0 · June 14, 2018 · Opinion by Justice Ginsburg
- What it’s about
- U.S. vitamin C buyers accused Chinese manufacturers, including Hebei Welcome Pharmaceutical, of price-fixing and disputed whether courts must accept China’s interpretation of its own law.
- Who it affects
- The Second Circuit’s judgment no longer stands, and the buyers’ case returns to that court.
Summary: written with AI from the case record.
What it's about
The Supreme Court wiped out the Second Circuit’s judgment (vacated it) and sent the case back to the lower court (remanded).
The buyers accused Chinese manufacturers, including Hebei Welcome Pharmaceutical, of fixing vitamin C prices.
Several appeals courts disagreed over whether a court could independently assess a foreign government’s interpretation of its own law or had to defer to it.
Question presented
Whether a court may exercise independent review of an appearing foreign sovereign's interpretation of its domestic law (as held by the Fifth, Sixth, Seventh, Eleventh, and D.C. Circuits), or whether a court is "bound to defer" to a foreign government's legal statement, as a matter of international comity, whenever the foreign government appears before the court (as held by the opinion below in accord with the Ninth Circuit).
What the Court decided
Holding
Judgment VACATED and case REMANDED. Ginsburg, J., delivered the opinion for a unanimous Court.
- Result
- Vacated
The vote
What's next
The Second Circuit will take up the case again.
Documents
Docket activity
New analysis added
AI analysis generated: Case Briefing
AI analysis generated: Decision Record
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
Show 3 moreShow fewer
Opinion added: Opinion
Opinion added: opinion
Brief added: Questions Presented
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.