Erik Blecher, et al. v. The Holy See, aka The Apostolic See
Whether the FSIA's discretionary-function exclusion, 28 U.S.C. § 1605(a)(5)(A), denies federal subject matter jurisdiction for a tort claim that alleges a mandatory foreign government policy or regulation that involves no judgment or choice, but the tortious act or omission arose from an official or employee's compliance with that mandatory policy or regulation rather than its violation.
Whether a foreign state's mandatory policy or regulation that foreseeably enables and supports the sexual abuse of children may be susceptible to policy analysis or grounded in policy considerations such that it falls within the FSIA's discretionary function exclusion.
Whether the FSIA's discretionary function exclusion denies federal subject matter jurisdiction for tort claims arising from mandatory foreign government policies