No. 25-661

Erik Blecher, et al. v. The Holy See, aka The Apostolic See

Lower Court: Second Circuit
Docketed: 2025-12-08
Status: Pending
Type: Paid
Tags: discretionary-function foreign-sovereign-immunities-act mandatory-policy sexual-abuse subject-matter-jurisdiction tort-claims
Latest Conference: 2026-03-20
Question Presented (from Petition)

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.

Question Presented (AI Summary)

Whether the FSIA's discretionary function exclusion denies federal subject matter jurisdiction for tort claims arising from mandatory foreign government policies

Docket Entries

2026-02-25
DISTRIBUTED for Conference of 3/20/2026.
2026-02-20
Reply of Erik Blecher, et al. submitted.
2026-02-20
Reply of petitioners Erik Blecher, et al. filed.
2026-02-11
Brief of The Holy See in opposition submitted.
2026-02-05
Brief of The Holy See in opposition submitted.
2026-02-05
Brief of respondent The Holy See in opposition filed.
2026-02-05
Brief of respondent The Holy See in opposition filed. (Corrected)
2025-12-17
Motion to extend the time to file a response is granted and the time is extended to and including February 6, 2026.
2025-12-15
Motion of The Holy See for an extension of time submitted.
2025-12-15
Motion to extend the time to file a response from January 7, 2026 to February 6, 2026, submitted to The Clerk.
2025-12-03
Petition for a writ of certiorari filed. (Response due January 7, 2026)

Attorneys

Erik Blecher, et al.
Ameer Nadav BennoHerman Law, P.A., Petitioner
The Holy See
Jeffrey S. LenaLaw Offices of Jeffrey S. Lena, Respondent
Alexis Ivar Nicholas HallerLaw Office of Alexis Haller, P.C., Respondent
Jennifer Lynn Bruno — Respondent