On appeal, the US Supreme Court granted the women' s petition for writ of certiorari, vacated the judgment of the District of Columbia Court of Appeals, and remanded the case

In light of the Altmann decision, the Supreme Court vacated and remanded Hwang Geum Joo to the DC Circuit.

원고들인 위안부 피해자들의 상고신청에 대하여 미국 연방대법원은 2004. 6. 14. 항소법원의 소급적용 배제부분은 주권면제의 예외는 소급적용된다는연방대법원의 판례에 반한다는 이유로 다른 특별한 설시 없이 위안부들의상고를 허가하고, 원심을 파기하고, 사건을 워싱턴 DC 연방항소법원으로 환송하였다

Clearly, states have sought to challenge this norm because such obligations can and do place enormous burdens on states, leading courts to often reject claims for compensation for political reasons—the responsibility lies with the political branch as opposed to the judicial one—as oppose to legal ones (examining the act and determining whether a harm was inflicted

In their last attempt at adjudication, the plaintiffs appealed to the Supreme Court of the United States, which granted their petition for a writ of certiorari

Although the political question doctrine often lurks in the shadows of cases involving foreign relations, it is infrequently addressed head on.

—explaining that because the district court did not have subject matter jurisdiction in case involving World War II-era claims against Japan, "[n] or... need we consider whether the political question doctrine would also bar its adjudication

After a number of failures to receive justice through Japanese courts, on September 18, 2000, fifteen Asian comfort women filed a class action lawsuit in the United States District Court for the District of Columbia against Ja-pan, Hwang Geum Joo v. Japan

The DC and Second Circuits subsequently reached the same conclusion regarding the retroactivity of the FSIA

[BOOK] East Asia in a New Legal Landscape: FTAs and Dispute Settlememt

[BOOK] Cold war ruins: Transpacific critique of American justice and Japanese war …