No. ____ In the Supreme Court of the United States NORTON SIMON MUSEUM OF ART AT PASADENA AND NORTON SIMON ART FOUNDATION, Petitioners, V. MAREI VON SAHER, Respondent. ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT PETITION FOR A WRIT OF CERTIORARI RONALD L. OLSON GREGORY G. GARRE LUIS LI Counsel of Record FRED A. ROWLEY, JR. MAUREEN E. MAHONEY ERIC P. TUTTLE NICOLE RIES FOX MUNGER, TOLLES & OLSON LLP LATHAM & WATKINS LLP 355 South Grand Avenue 555 11th Street, NW 35th Floor Suite 1000 Los Angeles, CA 90071 Washington, DC 20004 (213) 683-9100 (202) 637-2207
[email protected] [email protected] Counsel for Petitioners QUESTION PRESENTED This Court has emphasized that courts should “proceed ‘with the circumspection appropriate when … adjudicating issues inevitably entangled in the conduct of our international relations,’” and has declined to “second-guess” the Executive’s views on foreign policy matters. Munaf v. Geren, 553 U.S. 674, 689, 702 (2008) (quoting Romero v. International Terminal Operating Co., 358 U.S. 354, 383 (1959)). This case involves an action brought under California law to recover paintings that were forcibly purchased by the Nazis in the Netherlands during World War II, recovered by U.S. forces, and returned to the Dutch government under the United States’ external restitution policy. In 2011, the Solicitor General filed an amicus brief in this case—joined by the State Department Legal Advisor—stating the Executive’s views on U.S. foreign policy concerning claims to Nazi-looted artworks recovered by U.S.