Supreme Court of the United States
Republic of Austria v. Altmann — Kennedy, J., Dissenting
June 7, 2004541 U.S. 677
Summary
Justice Kennedy dissents, arguing the Court incorrectly rejects the presumption against retroactivity when applying the Foreign Sovereign Immunities Act of 1976 (FSIA). He contends the FSIA lacks a clear statement required for retroactive application, and as a jurisdictional statute, may create new jurisdiction for pre-enactment conduct under Hughes Aircraft. He criticizes the majority's suggestion that the Executive may intervene to supersede statutory immunity rules. Concurrences by Justice Breyer and Justice Scalia support the majority but on distinct grounds regarding the status nature of sovereign immunity.