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35 Yale L. & Pol'y Rev. Inter Alia 1 (2016)

handle is hein.journals/interal35 and id is 1 raw text is: YALE LAW & POLICY REVIEW INTER ALIA Bank Markazi and the Undervaluation of Legislative Generality Evan C. Zoldan* INTRODUCTION In its recent Bank Markazi v. Peterson' decision, the Supreme Court of the United States resolved terrorism-related claims that spanned three decades and totaled billions of dollars. Although it brought relief to hundreds of victims of terrorism, the decision is controversial because of its impact on the relationship between Congress and the federal courts. By permitting Congress to change the law that applies to an ongoing dispute, the Court allowed Congress to pick the winner in a particular pending lawsuit. By doing so, the Court made clear that it does not recognize a constitutional principle of legislative generality-that is, a principle that disfavors legislation targeting an identifiable person for special treatment. Part II of this Essay demonstrates how Bank Markazi fails to value legislative generality as a constitutional principle. Part III explains why the Court's rejection of a principle of legislative generality is inconsistent with con- stitutional history, text, and widely held jurisprudential commitments. I. BANK MARKAZI REJECTS THE VALUE OF LEGISLATIVE GENERALITY A. The Background ofBank Markazi The story behind the Bank Markazi dispute reads like an epic political thriller, spanning decades, continents, and political regimes. During the Leba- nese Civil War, Iranian-sponsored terrorists bombed United States Marine bar- racks in Beirut, Lebanon, killing hundreds of American and French servicemen and wounding dozens more. Surviving victims and family members of those killed filed suit against Iran under an exception to the Foreign Sovereign Im- * Associate Professor, University of Toledo College of Law. I am grateful for the suggestions of Bill Araiza, Greg Gilchrist, and faculty members of the Ohio State University Moritz College of Law. Thanks also to the University of Toledo College of Law for its support for this project. 1. Bank Markazi v. Peterson, 136 S. Ct. 1310 (2016). 1

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