Austria, Leopold Museum and Albertina Challenge HEAR Act Amendments in Court

This filing is part of an ongoing lawsuit brought by Timothy Reif regarding the ownership of Egon Schiele artworks. The defendants dispute the claim, arguing that the pieces are part of a collection exported from Austria by Fritz Grunbaum's sister-in-law in the 1930s and sold to a Swiss dealer in the 1950s.

The legal response argues that the 2025 amendments--which eliminate the laches defense and extend the HEAR Act indefinitely--exceed Congressional authority. The defendants contend these changes infringe upon Article III judicial independence and the Tenth Amendment.

The filing addresses constitutional arguments from the Department of Justice and Senators Blumenthal and Cornyn, challenging the legal mechanism that prevents courts from applying traditional equitable defenses in restitution cases. Counsel for the defendants suggests the constitutional dispute over the act could eventually reach the Supreme Court.

Main Image: Anberina Museum