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Armenian Bar Association Welcomes the U.S. Supreme Court's Request for Further Briefing in the Movsesian Case
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.
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