Episode 16

Oral Argument: Golan v. Saada | Case No. 20-1034 | Date Argued: 3/22/2022 | Date Decided: 6/15/2022

Golan v. Saada | Case No. 20-1034 | Date Argued: 3/22/2022 | Date Decided: 6/15/2022

Question Presented: Whether, upon finding that return to the country of habitual residence places a child at grave risk, a district court is required to consider ameliorative measures that would facilitate the return of the child notwithstanding the grave risk finding.

Holding: A court is not categorically required to examine all possible ameliorative measures before denying a Hague Convention petition for return of a child to a foreign country once the court has found that return would expose the child to a grave risk of harm.

Result: Judgment VACATED and case REMANDED.

Voting Breakdown: 9-0. Justice Sotomayor delivered the opinion for a unanimous Court.

Link to Opinion: Here.

Oral Advocates:

For Petitioner: Karen R. King, New York, N.Y. For United States, as amicus curiae: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D.C. For Respondent: Richard Min, New York, N.Y.

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SCOTUS Oral Arguments and Opinions
U.S. Supreme Court oral arguments and opinions