Court Rejects $1.41B Suit Over Notre Dame Law Clinic Amicus Brief

2 min readSources: Volokh Conspiracy

Court ruled plaintiffs lack standing in $1.41B suit against Notre Dame's amicus brief.

Why it matters: This decision clarifies legal limits on standing in lawsuits challenging amicus briefs on human rights issues, shaping future international law litigation.

  • Notre Dame Law School's Religious Liberty Initiative filed an amicus brief in Feb 2023 supporting a criminal complaint against China for Uyghur genocide.
  • Plaintiffs sought $1.41 billion in damages, calculated as $1.00 per Chinese person in mainland China.
  • On June 5, 2026, the court dismissed the lawsuit citing lack of standing by the plaintiffs.
  • This ruling sets precedent limiting standing in amicus-related litigation involving international human rights.

In February 2023, the Notre Dame Law School's Religious Liberty Initiative submitted an amicus brief backing a criminal complaint against the Chinese government alleging genocide and crimes against humanity targeting the Uyghur population. This brief invoked Argentina’s universal jurisdiction principles in seeking accountability.

The plaintiffs responded by filing a lawsuit demanding $1.41 billion in damages—amounting to $1.00 for every person living in mainland China. They claimed harm from the law clinic's participation through the amicus brief.

On June 5, 2026, the court dismissed the lawsuit. It ruled that the plaintiffs lacked the necessary legal standing to sue over the filing, emphasizing the limits of standing in litigation related to amicus briefs and international human rights issues. The dismissal effectively affirmed that parties cannot proceed based solely on grievances related to amicus participation in foreign human rights claims.

Stephane Barclay, Director of the Notre Dame Law School Religious Liberty Initiative, stated, "China's atrocities against the Uyghur people meet the legal definitions of crimes against humanity and genocide under international law." The amicus brief aimed to support legal accountability efforts aligned with such findings.

This ruling establishes a significant precedent by delineating the boundaries on who may bring legal challenges connected to amicus briefs, especially those involving international allegations of human rights violations. It underscores the judiciary's cautious approach to safeguarding amicus participation within legal processes addressing global human rights concerns.

By the numbers:

  • $1.41 billion — damages sought by plaintiffs, $1 per resident of mainland China
  • February 21, 2023 — date Notre Dame Law Clinic filed the amicus brief
  • June 5, 2026 — lawsuit dismissed by court for lack of standing