No. 18-____ IN THE Supreme Court of the United States ———— MAREI VON SAHER, Petitioner, v. NORTON SIMON MUSEUM OF ART AT PASADENA AND NORTON SIMON ART FOUNDATION, Respondents. ———— On Petition for a Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit ———— PETITION FOR A WRIT OF CERTIORARI ———— LAWRENCE M. KAYE SAMUEL ISSACHAROFF HOWARD N. SPIEGLER Counsel of Record DARLENE FAIRMAN 40 Washington Square FRANK K. LORD IV South, 411J HERRICK, FEINSTEIN LLP New York, NY 10012 Two Park Avenue (212) 998-6580 New York, NY 10016
[email protected] ALAN DERSHOWITZ 1525 Massachusetts Avenue Cambridge, MA 02138 Counsel for Petitioner February 8, 2019 WILSON-EPES PRINTING CO., INC. – (202) 789-0096 – WASHINGTON, D. C. 20002 QUESTIONS PRESENTED Where artworks were forcibly confiscated from their Jewish owner by Nazi Reichsmarschall Hermann Göring, then recovered by the Dutch government after WWII, and are now in private hands in the U.S., and their ownership is now disputed between U.S. citizens, 1. May a court invoke the act of state doctrine to refuse to adjudicate true title based on Dutch proceedings when the Netherlands eschews any sovereign interest in the resolution of the dispute? And, 2. May a court invoke the act of state doctrine to refuse to adjudicate true title when such refusal is contrary to the express foreign policy of the United States concerning the recovery of looted Holocaust assets? (i) ii PARTIES TO THE PROCEEDINGS AND RULE 29.6 STATEMENT Petitioner, who was Plaintiff-Appellant in the court below, is Marei von Saher.