Thacker v. TVA
View Official PDFBelow are plain-language sections to help you understand what the Court decided in Thacker v. TVA and why it matters. Quotes are taken from the syllabus (the Court’s short summary at the start of the opinion).
Summary
A short, plain-English overview of Thacker v. TVA.
The Supreme Court addressed the proper method of serving legal documents to a foreign state under § 1608(a)(3). The Court determined that the statute requires mailings to be sent directly to the foreign minister's office in the foreign state, rather than to an embassy in the United States. The decision reversed the Second Circuit's ruling, emphasizing adherence to strict procedural rules in cases with diplomatic implications.
Holding
The single most important “bottom line” of what the Court decided in Thacker v. TVA.
The Court held that § 1608(a)(3) requires a mailing to be sent directly to the foreign minister's office in the foreign state.
Constitutional Concepts
These are the Constitution-related themes that appear in Thacker v. TVA. Click a concept to see other cases that involve the same idea.
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Why Judicial Review is relevant to Thacker v. TVA
The Court is interpreting a statute and determining the proper application of its provisions, which is a core function of judicial review.
Syllabus excerpt (verbatim)Held: Most naturally read, § 1608(a)(3) requires a mailing to be sent directly to the foreign minister's office in the foreign state. Pp. 8–19.
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Why Procedural Due Process is relevant to Thacker v. TVA
The case involves the proper procedures for serving legal documents to a foreign state, implicating procedural due process concerns.
Syllabus excerpt (verbatim)Interpreting § 1608(a)(3) to require that a service packet be sent to a foreign minister's own office rather than to a mailroom employee in a foreign embassy better harmonizes the rules for determining when service occurs. Pp. 11–15.
Key Quotes
Short excerpts from the syllabus in Thacker v. TVA that support the summary and concepts above.
Most naturally read, § 1608(a)(3) requires a mailing to be sent directly to the foreign minister's office in the foreign state.
Interpreting § 1608(a)(3) to require that a service packet be sent to a foreign minister's own office rather than to a mailroom employee in a foreign embassy better harmonizes the rules for determining when service occurs.
In cases with sensitive diplomatic implications, the rule of law demands adherence to strict rules, even when the equities seem to point in the opposite direction.
