House Votes to Extend Iran Sanctions in Bid to Ensure Nuclear Compliance
Congress renews its commitment to non-nuclear sanctions – how this will affect states’ sanctions that remain on the books is anybody’s guess.
Congress renews its commitment to non-nuclear sanctions – how this will affect states’ sanctions that remain on the books is anybody’s guess.
In the wake of Donald Trump’s presidential election triumph, world leaders grapple with the possibility of a major shift in U.S. policy vis-á-vis Iran. http://www.timesofisrael.com/eu-ministers-reaffirm-iran-deal-in-face-of-trump-presidency/
John E. Smith, director of the Office of Foreign Assets Control at the U.S. Department of Treasury, gave a substantive address on the Iran sanctions at the Atlantic Council on June 16. Read more http://www.tehrantimes.com/news/403750/OFAC-elaborates-on-implementation-of-the-Iran-nuclear-deal
The Texas governor responds to Mull’s letter, ignoring the encouragement of the administration to withdraw state-level sanctions. Read more http://gov.texas.gov/news/press-release/22315
Jack Goldsmith and Amira Mikhail agree with Kontorovich in that presidential preemption policies enshrined in the Court’s decision in American Insurance Association v. Garamendi likely do not apply in the case of the JCPOA and state sanctions, and that the Court’s ruling in Medellin further emphasizes this. However, they argue that federal preemption relying on
Michael Ramsey writes in support of Kontorovich, arguing that states are on “very strong ground” in fighting to keep their sanctions because of the Supreme Court’s decision in Medellin. Read more http://originalismblog.typepad.com/the-originalism-blog/2016/04/the-legality-of-state-sanctions-on-iranmichael-ramsey.html
This New York Post op-ed capitalizes on Kontorovich’s argument to present a case for New York Governor Andrew Cuomo to keep the state’s sanctions in place. Read more http://nypost.com/2016/04/20/how-cuomo-can-say-no-to-obama-on-iran-sanctions/
The Algemeiner reports on the April 2016 letter sent by State Department Iran coordinator Stephen Mull, encouraging states to back down on their sanctions in light of the JCPOA. Read more http://www.algemeiner.com/2016/04/20/obama-administration-launches-campaign-to-pressure-all-50-states-to-overturn-iran-sanctions/#
Eugene Kontorovich argues that White House efforts to remove state sanctions beyond encouraging individual states to do so will likely fail, given the Supreme Court’s decision in Medellin v. Texas. Read more https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/04/19/how-far-will-obamas-encouragement-to-states-to-drop-iran-sanctions-go/
Jerry Gordon examines the possibility of Congress taking legal action against the White House or, in a more likely scenario in his opinion, state governments suing the president themselves in response to the JCPOA. Read more http://www.newenglishreview.org/custpage.cfm/frm/184190/sec_id/184190
This August 2015 op-ed, written by Oklahoma Senator James Inhofe and Oklahoma Attorney General Scott Pruitt, argues in favor of continued state efforts to sanction Iran. Read more http://www.wsj.com/articles/let-states-do-the-job-obama-wont-sanction-iran-1440975261
In September of 2015, Congresswoman Susan Brooks (R-Indiana) authored a letter to Secretary Kerry reiterating legislative support for state sanctions. The letter was signed by 61 representatives from 25 states. Read more https://susanwbrooks.house.gov/media-center/press-releases/brooks-leads-letter-to-administration-in-support-of-states-rights-to
In this September 2015 article, Al-Monitor takes an in-depth look at the nature of state sanctions. Read more http://www.al-monitor.com/pulse/originals/2015/09/iran-deal-fight-us-states.html#
In the wake of Secretary Kerry’s House testimony, officials in New York and California publicly affirm that their sanctions against Iran will remain in place. Read more http://www.breitbart.com/big-government/2015/07/28/new-york-california-will-keep-iran-sanctions-legislators/
Breitbart News reports on Secretary Kerry’s July 2015 testimony before the House Foreign Affairs Committee, in which he acknowledged that the JCPOA itself is not sufficient grounds to enforce the lifting of state sanctions. Read more http://www.breitbart.com/big-government/2015/07/28/kerry-admits-states-can-keep-iran-sanctions/
In this piece from April of 2015, Reuters reports on continuing state intransigency on removing their own sanctions, even in the face of the JCPOA. Read more http://www.reuters.com/article/us-iran-nuclear-states-idUSKBN0N40CX20150413
Eli Lake reports that the State Department’s Stephen Mull sent letters to governors requesting that they re-examine sanctions policies in light of implementation of the JCPOA. Read more http://www.bloombergview.com/articles/2016-04-18/obama-administration-urges-states-to-lift-sanctions-on-iran.
Jack Goldsmith, Henry L. Shattuck Professor at Harvard Law School, responds to the arguments of Rivkin and Casey. He argues that the JCPOA neither contravenes the Constitution nor violates international law. Read more https://www.lawfareblog.com/more-weak-arguments-illegality-iran-deal
David Rivkin, Jr. and Lee Casey make the case that the JCPOA is unconstitutional, the product of an end-run around the Constitution made without Senate consent. The authors, constitutional lawyers who served under Ronald Reagan and George H.W. Bush in the Justice Department, encourage states to enact sanctions in order to undermine