Whether subject matter jurisdiction exists over the Smithsonian Institution's repatriation of artworks to a foreign state under an Ethical Return policy without using the rulemaking and public hearing processes under the Administrative Procedure Act (APA)

QUESTIONS PRESENTED 1. Whether subject matter jurisdiction exists over the Smithsonian Institution’s repatriation of artworks to a foreign state under an Ethical Return policy without using the rulemaking and public hearing processes under the Administrative Procedure Act, (APA), 5 U.S.C. § 552a, et seq. 2. Whether descendants of enslaved Africans in the United States have Article III standing to challenge the repatriation by the Smithsonian Institution of 29 of the “Benin Bronzes”, artworks that were formed out of the metal ingots used by western slave traders to purchase enslaved persons from the Kingdom of Benin. 3. Whether the courts below improperly held the matter to be moot where nine of the Benin Bronzes had title transferred by the Smithsonian to Nigeria but remain in the United States on long-term loan, along with other Bronzes still in U.S. title but subject to future repatriation.