Opinion of The Court
The Court’s majority opinion, delivered by Justice Souter, held that the wrongful injury claim brought by Mr. and Mrs. Nelson was not “based upon a commercial activity” according to the Foreign Sovereign Immunities Act of 1976 (Sec. 1605(a)(2). The Court of Appeals judgment was thereby reversed, thus restoring the trial courts dismissal based upon a “lack of subject-matter jurisdiction”.
The court reasoned that the tortious acts of the defendant were not “based upon a commercial activity”, therefore not in violation of the Foreign Sovereign Immunities Act of 1976. The defendant’s conduct, however heinous, could not be classified as being “based upon a commercial activity”. The tortious conduct rather is a gross abuse of state police power, which is an act only performed by sovereign states. Only States perform acts such as unlawful detention of private citizens, torture, conduct foreign engagements and diplomatic relations. Private citizens cannot participate in acts of State.
Read more about this topic: Saudi Arabia V. Nelson
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