Republic of Iraq v. Jordan Beaty et al. (556 U.S. 848)
U.S. Supreme Court · decided June 8, 2009 · Supreme Court Database (Spaeth)
- Citation
- 556 U.S. 848 · 129 S. Ct. 2183
- Decided
- June 8, 2009
- Term
- October Term 2008
- Vote
- 9–0
- Majority author
- Justice Scalia
- Issue area
- Judicial Power
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Justice Scalia delivered the opinion of the Court. We consider in these cases whether the Republic of Iraq remains subject to suit in American courts pursuant to the terrorism exception to foreign sovereign immunity, now repealed, that had been codified at 28 U. S. C. § 1605(a)(7). I A Under the venerable principle of foreign sovereign immunity, foreign states are ordinarily “immune from the jurisdiction of the courts of the United States and of the States,” § 1604. See generally Schooner Exchange v. McFaddon, 7 Cranch 116 (1812). But the statute embodying that principle — the Foreign Sovereign Immunities Act of 1976 (FSIA), 28 U. S. C. § 1602 et seq. — recognizes a number of exceptions; if any of these is applicable, the state is subject to suit, and federal district courts have jurisdiction to adjudicate the claim. § 1330(a); Verlinden B. V. v. Central Bank of Nigeria, 461 U. S. 480, 489 (1983). In 1996, Congress added to the list of statutory exceptions one for state sponsors of terrorism, which was codified at 28 U. S. C. § 1605(a)(7). Subject to limitations not relevant here, that exception stripped immunity in any suit for money damages “against a foreign state for personal injury or death that was caused by an act of torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources ... for such an act... except that…
Excerpt of a 30,856-character opinion. The full text and citation network load in the interactive viewer above.