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Keywords

lawsuitjurisdictionstatutesovereign immunity
jurisdictionsovereign immunity

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Republic of Iraq v. Beaty

Facts

Iraq was designated a state sponsor of terrorism but contended that the President properly waived the terrorism exception to foreign sovereign immunity pursuant to the Emergency Wartime Supplemental Appropriations Act (EWSAA). The victims argued that the presidential authority to waive the application of statutes to Iraq did not extend to the terrorism exception, and that their actions were filed prior to the enactment of the EWSAA. The U.S. Supreme Court held that the waiver authority under the EWSAA restored Iraq's immunity.

Iraq was designated a state sponsor of terrorism but contended that the President properly waived the terrorism exception to foreign sovereign immunity pursuant to 1503 of the Emergency Wartime Supplemental Appropriations Act (EWSAA), 117 Stat. 559, 579 (2003).

Issue

Whether the Republic of Iraq remains subject to suit in American courts pursuant to the terrorism exception to foreign sovereign immunity.

We consider in these cases whether the Republic of Iraq remains subject to suit in American courts pursuant to the terrorism exception to foreign sovereign immunity, now repealed, that had been codified at 28 U.S.C. 1605(a)(7).

Rule

The waiver authority under the EWSAA extended to the terrorism exception as a provision of law that stripped sovereign immunity from foreign nations which supported terrorism.

The waiver authority under the EWSAA clearly extended to the terrorism exception as a provision of law which stripped sovereign immunity from foreign nations which supported terrorism.

Analysis

The court applied the rule by interpreting the waiver authority under the EWSAA as encompassing the terrorism exception to foreign sovereign immunity. The court found that the President's actions made the terrorism exception inapplicable to Iraq, thus restoring its sovereign immunity regardless of the timing of the victims' injuries or lawsuits.

Because the President exercised his authority with respect to 'all' provisions of law encompassed by the second proviso, his actions made 1605(a)(7) 'inapplicable' to Iraq.

Conclusion

The judgments retaining federal jurisdiction over the claims against Iraq were reversed, and the Supreme Court held that Iraq was immune from suit.

The judgments retaining federal jurisdiction over the claims against Iraq were reversed.

Who won?

The Republic of Iraq prevailed in the case because the Supreme Court found that the President's waiver of the terrorism exception restored Iraq's sovereign immunity.

The Republic of Iraq prevailed in the case because the Supreme Court found that the President's waiver of the terrorism exception restored Iraq's sovereign immunity.

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