Spector v. Norwegian Cruise Line Ltd. — Scalia, J., Dissenting

Summary

Justice Scalia dissented from the Court's conclusion that Title III of the Americans with Disabilities Act applies to foreign-flag cruise ships. He would have applied the clear-statement rule because Title III's structural-accessibility requirements affect a ship's internal order and may conflict with foreign law or international obligations, and he rejected applying Title III piecemeal. Justice Thomas, concurring in part and dissenting in part, agreed that structural requirements require a clear statement but would allow nonstructural applications of Title III; Justice Ginsburg, concurring in part, would apply Title III while limiting the clear-statement rule to situations presenting a potential conflict with international obligations.