Opinion
No. 06-7175.
July 31, 2009.
Stephen Anthony Fennell, Alice E. Loughran, Steptoe Johnson LLP, Washington, DC, Michael David Rips, Steptoe Johnson LLP, New York, NY, for Appellants.
Jonathan Saul Franklin, Fulbright Jaworski LLP, Lawrence Hedrick Martin, Gare A. Smith, Foley Hoag, Washington, DC, for Appellees.
BEFORE: SENTELLE, Chief Judge, and GINSBURG and BROWN, Circuit Judges.
JUDGMENT
It is ORDERED, on the court's own motion, that in light of the Supreme Court's opinion in Republic of Iraq v. Simon, ___ U.S. ___, 129 S.Ct. 2183, 173 L.Ed.2d 1193 (2009), this court's judgment filed June 24, 2008, be vacated. It is
FURTHER ORDERED and ADJUDGED that the judgment of the District Court, dismissing these complaints as untimely, be affirmed because "the District Court lost jurisdiction over [the] suits when the President exercised his authority to make § 1605(a)(7) inapplicable with respect to Iraq." See Iraq v. Simon, 129 S.Ct. at 2194.
The Clerk is directed to issue the mandate forthwith.