U.S. Supreme Court unanimously sides with Rutgers-Camden law professor in human rights decision

 professor at the Rutgers School of Law–Camden has achieved an extraordinary accomplishment in the legal field:  on Tuesday, June 1, the U.S. Supreme Court ruled unanimously in favor of her clients in Samantar v. Yousuf, a case filed by Somalian civilians seeking damages for torture and other human rights abuses.

On March 3, Rutgers–Camden Law Professor Beth Stephens was seated as “second chair” at the plaintiffs' counsel table for the Supreme Court oral argument in Samantar, a case in which her clients sought to hold accountable the former defense minister of Somalia, who is now living in Virginia. The defendant claimed immunity from the suit under a U.S. immunity statute on the grounds that he committed the acts on behalf of his government. The Supreme Court held that the statute does not protect individual foreign government officials such as Samantar.

Through her work on the Board of Directors of the Center for Justice and Accountability, Stephens assisted lead counsel from the Supreme Court practice of the Washington, DC, firm of Akin Gump.  They were joined by attorneys from the U.S. Solicitor General's office.

In the 9-0 decision, the U.S. Supreme Court sided with Stephens and her clients.  As a result, the Center for Justice and Accountability will be able to proceed with its case against the former Somalian official.  According to CJA Executive Director Pamela Merchant, “Faced with a choice between accountability and immunity, the Supreme Court came down squarely in favor of accountability – holding that former government officials are not immune from lawsuits under the Foreign Sovereign Immunities Act.”

“This is an exceptional victory for human rights, and the entire Rutgers community is proud of the role the Beth Stephens played in making it happen,” says Rayman Solomon, dean of the Rutgers School of Law–Camden.  “The opportunity to litigate before the U.S. Supreme Court is rare, and to have the Court decide in favor of your argument is a signature accomplishment for any attorney.  Beth Stephens' achievement is a sterling example that Rutgers–Camden law students learn from some of the very best scholars and practitioners in the nation.”

Stephens is no stranger to either litigation or the subject at hand:  her research examines issues related to human rights litigation in U.S. courts on behalf of victims of human rights abuses in other countries, and she has litigated at various levels of the U.S. judicial system.

Now, she adds the U.S. Supreme Court to that already-impressive list.

“The goal of my litigation is to hold accountable perpetrators of human rights violations,” Stephens said.  “The decision in this case removes an obstacle that had enabled abusers to evade responsibility for the consequences of their actions.

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