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Who decides foreign immunity

Owens v. Taliban

Updated Nov 12, 2026

In brief

Where it stands
Petition Pending

Awaiting an order on the petition

No decision timeline until the Court agrees to hear the case.

What it’s about
Plaintiffs challenge the Second Circuit’s conclusion that Da Afghanistan Bank funds are protected from seizure under the Foreign Sovereign Immunities Act, arguing courts must interpret the law rather than defer to State Department and Justice Department materials.
What's at stake
The Second Circuit concluded that Da Afghanistan Bank funds are protected from seizure; the Supreme Court has not agreed to review that conclusion.

Summary: written with AI from the case record.

What it's about

The pending petition was distributed for a conference, not granted for Supreme Court review.

The plaintiffs argue that courts should interpret the Foreign Sovereign Immunities Act themselves rather than defer to State Department websites or Justice Department filings about sovereign immunity.

Question presented

Does the FSIA require courts to independently interpret its provisions, or must a court defer to State Department websites and Department of Justice litigation filings in determining whether an entity is entitled to sovereign immunity under the FSIA?

What happens next

The Court must decide whether to hear the petition. The conference distribution does not guarantee a decision date or mean oral argument is scheduled.

Documents

1

Docket activity

9
  • New analysis added

    Nov 12, 2026 · Court records

  • AI analysis generated: Case Briefing

    Nov 12, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Nov 12, 2026 · Court records

  • Case data updated: question_presented, extraction_metadata

    Nov 12, 2026 · Court records

  • Case data updated: documents, description, proceeding_type

    Nov 9, 2026 · supremecourt.gov

Show 4 more
  • Case data updated: documents, description, proceeding_type

    Oct 21, 2026 · supremecourt.gov

  • Case data updated: documents, description, document_url, proceeding_type

    Oct 5, 2026 · supremecourt.gov

  • Case data updated: documents, description, document_url, proceeding_type

    Aug 31, 2026 · supremecourt.gov

  • Brief added: Petition

    Aug 31, 2026 · Court records

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.

Checked Nov 12, 2026Methodology

Court records and filings

Reporting and analysis