Thomas, Ginsburg Key to USS Cole Judgment (1)

It’s too close to call whether the U.S. Supreme Court will overturn a more than $300 million judgment in favor of the victims of the 2000 bombing of the USS Cole.

The al Qaeda attack against the guided missile destroyer in Port of Aden, Yemen, killed 17 U.S. sailors and injured 42 others. The plaintiffs claims Sudan provided material support to al Qaeda in carrying out the attack.

The justices seemed to break along non-ideological lines over whether the victims had properly served notice of the lawsuit on Sudan under the Foreign Sovereign Immunities Act.

Chief Justice John G. Roberts ...