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The Armenian Bar Association Welcomes The U.S. Supreme Court'S Reque

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  • The Armenian Bar Association Welcomes The U.S. Supreme Court'S Reque

    THE ARMENIAN BAR ASSOCIATION WELCOMES THE U.S. SUPREME COURT'S REQUEST FOR FURTHER BRIEFING IN THE MOVSESIAN CASE

    hetq
    10:15, October 2, 2012

    In response to a group of Armenian-American claimants' appeal to the
    United States Supreme Court in the Movsesian matter, which dealt with
    the issue of a state's (California's) right to enact legislation
    concerning the pursuit of Genocide-era life insurance proceeds,
    the Supreme Court has ordered the Solicitor General to file a brief
    expressing the views of the United States as to whether the Court
    should grant review of the Ninth Circuit Court of Appeals' troubling
    decision that states may have no such rights.

    The Supreme Court's order is of considerable significance since one
    of the issues in the case is whether the federal government has a
    policy about states recognizing the Armenian Genocide and, if so,
    what the policy is.

    The Armenian Bar Association, through the auspices of the Bingham law
    firm and its senior partner David Balabanian, had filed persuasive and
    incisive amicus briefs in the underlying federal appellate proceedings
    making the case that the relevant state legislation did not conflict
    with federal law or policy. Mr. Balabanian, the founding chairperson
    of the Armenian Bar Association, developed and presented a cogent
    argument and brought together as clients a grouping of various civic
    and human rights organizations, including the Armenian National
    Committee of America with which the Armenian Bar collaborates on
    various community-based projects.

    Edvin Minassian, the Armenian Bar Association's Chairman Ex-Officio,
    remarked: "We are encouraged that the Supreme Court has asked that the
    Solicitor General weigh in on the issue, with the hope that Solicitor
    General will not disavow, and instead outright reaffirm, the Genocide's
    reality and its prior recognition by the federal government, both of
    which have been amply documented. In doing so, the Supreme Court will
    be in a position to evince the constitutionality of state legislation
    in an area of law (insurance) which has traditionally been within
    the purview of states' rights."

    Minassian cautioned that much work lies ahead to ensure that the
    Armenian Genocide is not politicized so as to be manipulated as
    an excuse by Genocide denialists to inappropriately undermine the
    legitimacy and constitutionality of state legislation. "Those who
    politicize the Armenian Genocide for nefarious purposes shall not
    deter us in the Movsesian case and beyond," said the former two-term
    Chairman of the Armenian Bar.


    From: Baghdasarian
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