Judge Catherine Blake has scheduled oral argument for the Government's Motion to Dismiss the ACCG Customs case on February 14, 2011. It's fairly unusual these days for Courts to schedule oral argument on such preliminary motions, but, of course, this is not the typical case. Here, the Government contends that judicial review is not available because the decisions at issue are committed to the State Department's discretion. ACCG counters that the Court is entitled to construe whether the State Department and US Customs acted appropriately because the Court has original jurisdiction to hear the ACCG's constitutional claims and any discretion that was provided under the Convention on Cultural Property Implementation Act is not absolute. Judge Blake may rule from the bench after the argument or take the matter under advisement and rule later.
Addendum: The Court heard argument today, 2/14/11, for approximately one and one half hours. Judge Blake was obviously prepared for the hearing. We should receive a ruling in the next several months.
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2 comments:
In spite of all the archaeoblogger banter about this case, any rational person must see that this is exactly what needs to happen. The law must be valid, the enforcement must be proper and the compliance must be based on trust in the system. Only the court can assure that these essentials are in place. The ACCG is proud to be a participant in this necessary chain of events.
If a motion to Dismiss is passed by the Judge that could be very bad news for ancient coin collectors.
Homeland Security would have the ability to seize and or follow with legal action against US Citizens that purchase or Import Ancient coins from outside the USA. Selling ancient coins to other people buying inside USA are not be subject. People buying ancient coins from sellers outside the USA would be breaking the law.
Ancient Coin House
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