Supreme Court of the United States

Republic of Iraq v. Beaty

June 8, 2009556 U.S. 848

Summary

The Court held that the President validly exercised authority under the EWSAA to make the terrorism exception to foreign sovereign immunity inapplicable to Iraq. That action restored Iraq's immunity and eliminated subject-matter jurisdiction over the pending suits, regardless of when the underlying conduct occurred. The later NDAA did not alter the analysis because the President waived its relevant provisions, and the EWSAA sunset expired the authority to act prospectively rather than undoing prior executive action.