Ex Parte Republic of Peru

Summary

Chief Justice Stone's opinion held that the Court could issue an extraordinary writ to a district court in aid of its ultimate appellate jurisdiction and that the foreign-relations interests involved justified immediate intervention without an application to the circuit court of appeals. Peru had not waived sovereign immunity by participating in the litigation while expressly reserving that defense. The State Department's recognition and certification of immunity conclusively required the district court to release the vessel and cease proceedings. The Court granted leave to file, directing that the writ issue only upon further application if necessary. Roberts concurred in the result without explanation. Frankfurter dissented, arguing that the Judiciary Act of 1925 foreclosed this direct exercise of appellate jurisdiction and, alternatively, that the Court should require resort to the circuit court of appeals. Reed agreed with Frankfurter's latter ground but expressly accepted the Court's jurisdiction.