Justice Brett Kavanaugh did not participate in the Supreme Court's decision declining to hear Agudas Chasidei Chabad of United States v. Russian Federation, according to the court's orders list released Monday.
Justice Ketanji Brown Jackson also took no part in the consideration or decision.
"The petition for a writ of certiorari is denied. Justice Kavanaugh took no part in the consideration or decision of this petition," the brief order summary said.
The case arises from a long-running legal dispute between Agudas Chasidei Chabad, a U.S.-based nonprofit representing the Chabad-Lubavitch movement, and the Russian government over a collection of religious books and manuscripts.
The materials, which Chabad considers sacred, were seized by Soviet authorities in the early 20th century and remain in Russian custody.
Chabad sued Russia in U.S. courts in 2004 under the Foreign Sovereign Immunities Act, arguing that the seizure violated international law and that U.S. courts had jurisdiction under the statute's expropriation exception.
A federal district court eventually entered a default judgment in Chabad's favor after Russia refused to participate, ordering the return of the collection and imposing daily fines.
Subsequent appellate rulings narrowed the scope of U.S. jurisdiction, prompting Chabad to ask the Supreme Court to review whether the lower court had properly interpreted the FSIA.
The Supreme Court's denial of certiorari leaves the lower court's ruling in place and ends the case's path at the high court for now.
While the court did not explain why Kavanaugh and Jackson did not participate, justices frequently recuse themselves to avoid potential conflicts of interest or appearances of bias, including when they had prior involvement with a case or related matters before joining the court.
When a justice is recused, the court proceeds with fewer than nine members, and no replacement is appointed. The practice is intended to preserve public confidence in the court's impartiality — even if it reduces the number of justices participating in a decision.
Justice Sonia Sotomayor has recused herself from cases she previously handled as a federal appeals court judge. Justice Clarence Thomas has also stepped aside in matters involving organizations connected to his wife's political activities.
James Morley III ✉
James Morley III is a writer with more than two decades of experience in entertainment, travel, technology, and science and nature.
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