Spector v. Norwegian Cruise Line Ltd. — Thomas, J., Concurring in Part and Dissenting in Part

Summary

Justice Thomas concurred in part and dissented in part, agreeing that the clear-statement rule requires Congress to expressly indicate if statutes apply laws to foreign-flag ships' internal affairs. He concluded Title III applies to foreign-flag vessels only to the extent it does not affect internal affairs, rejecting the plurality's use of Clark v. Martinez. His reasoning aligns with Justice Scalia's dissent regarding clear-statement application but aligns with the plurality on non-internal aspects of Title III.