Blumenthal & Cornyn File Amicus Brief Supporting Holocaust Survivors, Families in Lawsuits Over Nazi-Confiscated Art

[WASHNGTON, D.C.] — U.S. Senator Richard Blumenthal (D-CT) and John Cornyn (R-TX), authors of the Holocaust Expropriated Art Recovery (HEAR) Act, filed an amicus brief defending the legislation’s constitutionality in ongoing litigation over the recovery of Nazi-looted art. “The Nazi campaign to steal art treasured by Jewish families and others targeted by the regime the was about more than a pilfering of property—it was a deeply personal theft and an act of inhumanity,” Blumenthal said. “Senator Cornyn has been my partner for years in bringing long overdue justice to families whose cherished art was brazenly stolen by the Nazis. I am proud to join Senator Cornyn, Holocaust survivors, and their family members in urging the Court to do the right thing and uphold the constitutionality of the HEAR Act.” “Earlier this year, the Holocaust Expropriated Art Recovery Act was signed into law to ensure Holocaust survivors and their families have an opportunity to regain thousands of missing pieces of artwork that were looted by the Nazi regime,” said Cornyn. “I am proud to stand in support of survivors and their families, and I urge the Court to ensure victims are not barred from claiming what is rightfully theirs.” Nazi Germany’s campaign of annihilation and genocide against the Jewish people in the Holocaust included massive theft of property, including hundreds of thousands of works of art. Despite post-war efforts by the United States and allies to return Nazi-looted art and renewed efforts since the late 1990s, more than 100,000 works of art have not been returned to their rightful owners. In 2016, Congress unanimously passed the HEAR Act, spearheaded in the Senate by Blumenthal and Cornyn, to ensure Holocaust survivors and their heirs could access U.S. courts to pursue claims for the recovery of Nazi-looted art, allowing cases to be decided on their factual merits rather than dismissed on time-based technical defenses. Congress found that the circumstances of the Holocaust imposed extraordinary obstacles to survivors and heirs to locate and recover stolen art, necessitating a national six-year statute of limitations that only begins when the owner actually discovers the location of the stolen artwork. Unfortunately, many museums, governments, and institutions have contradicted Congress’ intent and obstructed justice by stonewalling legitimate claims, obscuring provenance, and employing aggressive legal tactics designed to exhaust and outlast survivors and their families. Rather than embracing transparency and reconciliation, too many have chosen to entrench and litigate, effectively preserving possession of stolen works rather than returning them to their rightful owners. Moreover, some court cases have interpreted the law narrowly, leaving survivors without recourse. In response, last year, Blumenthal, Cornyn, and U.S. Senators Thom Tillis (R-NC), Cory Booker (D-NJ), Marsha Blackburn (R-TN), John Fetterman (D-PA), Eric Schmitt (R-MO), and Katie Britt (R-AL) passed legislation to eliminate the sunset date, in recognition that the challenges of restitution remain urgent and unresolved. The legislation also clarified and strengthened procedural protections to ensure that claims are considered on their merits and not dismissed due to time-based technical defenses or other non-merits discretionary defenses. Finally, the bill fortified victims’ remedies and access to the courts. -30-