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Lawfare Daily: Missouri’s Legal Fight Against China Continues with Sean Mirski and Aaron Sobel

Matt Gluck, Sean Mirski, Aaron X. Sobel, Jen Patja
Friday, June 14, 2024, 8:00 AM
Why is Missouri suing China?

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On today’s episode, Matt Gluck, Research Fellow at Lawfare, spoke with Sean Mirski and Aaron Sobel of Arnold & Porter. Mirski practices foreign-relations, international, and appellate law, and Sobel practices international and appellate law. They discussed Mirski and Sobel’s recent Lawfare piece, co-authored with John Bellinger and Catherine McCarthy, on the Eighth Circuit’s decision reviving part of Missouri’s coronavirus-related lawsuit against several defendants connected to the Chinese government.

They spoke about the Foreign Sovereign Immunities Act, Missouri’s claims and why one of them survived the Eighth Circuit’s jurisdictional review, how this decision might affect other coronavirus lawsuits, and the potential implications of the decision for U.S. foreign policy, among other topics.

Check out Mirski’s recent book, “We May Dominate the World: Ambition, Anxiety, and the Rise of the American Colossus,” which examines the roots of the United States’ ascension to hegemony and was rated by Kirkus as one of the 100 best non-fiction books of 2023.

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Matt Gluck is a research fellow at Lawfare. He holds a BA in government from Dartmouth College.
Sean A. Mirski practices a combination of foreign-relations, international, and appellate law at Arnold & Porter in Washington, DC. He is also a Visiting Scholar at the Hoover Institution. He clerked for Justice Samuel A. Alito, Jr., on the United States Supreme Court, and for then-Judge Brett M. Kavanaugh on the United States Court of Appeals for the D.C. Circuit. He also served as Special Counsel to the General Counsel of the U.S. Department of Defense. He is the author of We May Dominate the World: Ambition, Anxiety, and the Rise of the American Colossus, which Kirkus selected as one of the 100 Best Non-Fiction Books of 2023.
Aaron X. Sobel practices foreign relations and international law at Arnold & Porter, where he is an associate. He is a recent graduate of Yale Law School, where he won the Burton H. Brody Prize in Constitutional Law and the Edward D. Robbins Prize for his student Note, and was a Herbert J. Hansell Fellow in Foreign Relations Law. He is an incoming law clerk on the U.S. Court of Appeals for the Second Circuit.
Jen Patja is the editor and producer of the Lawfare Podcast and Rational Security. She currently serves as the Co-Executive Director of Virginia Civics, a nonprofit organization that empowers the next generation of leaders in Virginia by promoting constitutional literacy, critical thinking, and civic engagement. She is the former Deputy Director of the Robert H. Smith Center for the Constitution at James Madison's Montpelier and has been a freelance editor for over 20 years.

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