The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Wednesday, June 24, 1981
Decision: Thursday, July 2, 1981
Issues: Due Process, Takings Clause
Categories: foreign affairs, jurisdiction, presidency, property

Advocates

C. Stephen Howard (Argued the cause for the petitioner)
Eric M. Lieberman (Argued the cause for intervenor-respondent Bank Markazi Iran)
Rex E. Lee (Argued the cause for the the federal respondents)
Thomas G. Shack, Jr. (Argued the cause for intervenor-respondent Islamic Republic of Iran)

Facts of the Case

In reaction to the seizure of the U.S. embassy and American nationals in Iran, President Jimmy Carter invoked the International Emergency Economic Powers Act (IEEPA) and froze Iranian assets in the United States. When the hostages were released in 1981, Treasury Secretary Donald Reagan affirmed the agreements made the Carter administration that terminated all legal proceedings against the Iranian government and created an independent Claims Tribunal. Dames & Moore attempted to recover over $3 million owed to it by the Iranian government and claimed the executive orders were beyond the scope of presidential power.

Question

Did the president have the authority to transfer Iranian funds and to nullify legal claims against Iran?

Conclusion

The Court held that the International Emergency Economic Powers Act constituted a specific congressional authorization for the President to order the transfer of Iranian assets. The Court further held that although the IEEPA itself did not authorize the presidential suspension of legal claims, previous acts of Congress had "implicitly approved" of executive control of claim settlement. The Court emphasized the narrowness of its ruling, limiting the decision to the facts of the case.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 8 votes for Regan, 1 vote(s) against
Legal Provision: 50 U.S.C. 1702
Voted with the majority
Burger
Voted with the majority
Brennan
Voted with the majority
Stewart
Voted with the majority
White
Voted with the majority
Marshall
Voted with the majority
Blackmun
Wrote a dissent
Powell
Wrote the majority opinion
Rehnquist
Wrote a special concurrence
Stevens
Full Opinion by Justice William H. Rehnquist

Cite this page

The Oyez Project, Dames & Moore v. Regan, 453 U.S. 654 (1981),
available at: <http://www.oyez.org/cases/1980-1989/1980/1980_80_2078/>
(last visited ).