Sale v. Haitian Centers Council
Encyclopedia
Sale v. Haitian Centers Council, 509 U.S. 155
(1993) is a case in which U.S. Supreme Court
ruled that the President
's executive order that all aliens intercepted on the high seas could be repatriated and that executive order was not limited by the Immigration and Nationality Act of 1952 or Article 33 of the United Nations Convention Relating to the Status of Refugees.
Originally, the United States and the Haitian government made an agreement in 1981 to stop all vessels coming to the United States and return any undocumented aliens who were not refugees and would not be harmed upon return.
After a regime change in Haiti
, American policy changed and was interpreted that all undocumented aliens would be sent back unless they landed and made an entry onto the territory of the United States.
The case came before the court on March 2, 1993 and was decided on June 21, 1993. The oral argument for the plaintiff was made by then Yale law professor Harold Koh
(as of 2011 Koh is the Legal Adviser of the Department of State).
The 8-1 decision was delivered by Justice John Paul Stevens
with Justice Harry Blackmun
dissenting, and overturned a decision of the Second Circuit Court of Appeals
.
A slightly different case with the name Haitian Centers Council v. Sale was argued and won by Mr. Koh's team of law students from Yale before Judge Johnson of the U.S. District Court
. Lead council was provided on a pro bono
basis by Joe Tringali of Simpson Thacher & Bartlett
. However, this decision was later vacated due to a negotiated settlement deal made by the Clinton Administration
and Yale Law School
. The full background and details of both cases are found in the book 'Storming the Court' by Brandt Goldstein.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1993) is a case in which U.S. Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
ruled that the President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
's executive order that all aliens intercepted on the high seas could be repatriated and that executive order was not limited by the Immigration and Nationality Act of 1952 or Article 33 of the United Nations Convention Relating to the Status of Refugees.
Originally, the United States and the Haitian government made an agreement in 1981 to stop all vessels coming to the United States and return any undocumented aliens who were not refugees and would not be harmed upon return.
After a regime change in Haiti
Haiti
Haiti , officially the Republic of Haiti , is a Caribbean country. It occupies the western, smaller portion of the island of Hispaniola, in the Greater Antillean archipelago, which it shares with the Dominican Republic. Ayiti was the indigenous Taíno or Amerindian name for the island...
, American policy changed and was interpreted that all undocumented aliens would be sent back unless they landed and made an entry onto the territory of the United States.
The case came before the court on March 2, 1993 and was decided on June 21, 1993. The oral argument for the plaintiff was made by then Yale law professor Harold Koh
Harold Hongju Koh
Harold Hongju Koh is an Korean American lawyer and legal scholar. He currently serves as the Legal Adviser of the Department of State. He was nominated to his current position by President Barack Obama on March 23, 2009, and confirmed by the Senate on June 25, 2009.In public service, Koh...
(as of 2011 Koh is the Legal Adviser of the Department of State).
The 8-1 decision was delivered by Justice John Paul Stevens
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
with Justice Harry Blackmun
Harry Blackmun
Harold Andrew Blackmun was an Associate Justice of the Supreme Court of the United States from 1970 until 1994. He is best known as the author of Roe v. Wade.- Early years and professional career :...
dissenting, and overturned a decision of the Second Circuit Court of Appeals
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals...
.
- Note
A slightly different case with the name Haitian Centers Council v. Sale was argued and won by Mr. Koh's team of law students from Yale before Judge Johnson of the U.S. District Court
United States District Court for the Eastern District of New York
The United States District Court for the Eastern District of New York is the federal district court whose jurisdiction comprises the entirety of Long Island and Staten Island...
. Lead council was provided on a pro bono
Pro bono
Pro bono publico is a Latin phrase generally used to describe professional work undertaken voluntarily and without payment or at a reduced fee as a public service. It is common in the legal profession and is increasingly seen in marketing, technology, and strategy consulting firms...
basis by Joe Tringali of Simpson Thacher & Bartlett
Simpson Thacher & Bartlett
Simpson Thacher & Bartlett LLP is a law firm headquartered in New York City which employs over 800 attorneys in ten offices worldwide. The firm is highly regarded for its litigation and corporate practices, with special attention focused on its mergers and acquisitions specialty...
. However, this decision was later vacated due to a negotiated settlement deal made by the Clinton Administration
Presidency of Bill Clinton
The United States Presidency of Bill Clinton, also known as the Clinton Administration, was the executive branch of the federal government of the United States from January 20, 1993 to January 20, 2001. Clinton was the first Democratic president since Franklin D. Roosevelt to win a second full term...
and Yale Law School
Yale Law School
Yale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers...
. The full background and details of both cases are found in the book 'Storming the Court' by Brandt Goldstein.
See also
- List of United States Supreme Court cases, volume 509
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Rehnquist Court
Further reading
- 'Storming the Court', Goldstein, Brandt, 2005 (Scribner, paperback) ISBN: 0-7432-3001-9