First National City Bank v Banco Nacional de Cuba; 7 Jun 1972

References: (1972) 406 US 759, [1972] USSC 189, [1972] 92 SCt 1808
Links: Worldlii
(United States Supreme Court) The court worried about just how much confusion can result from executive encroachment on issues of justiciability and that executive interference would lead to arbitrary results as ‘the Court becomes a mere errand boy for the Executive Branch which may choose to pick some people’s chestnuts from the fire, but not others” (Douglas J). ‘I would be uncomfortable with a doctrine which would require the judiciary to receive the Executive’s permission before invoking its jurisdiction . Such a notion, in the name of the doctrine of separation of powers, seems to me to conflict with that very doctrine.’ (Powell J)
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