Exxon Mobil Corp. v. Corporación Cimex, S. A. (Cuba) · ¶108

The majority turns third to procedure, but with no greater success. The Act, it observes, provides that certain procedural provisions and rules apply as they would in “any other action brought under section 1331 of title 28”—i.e., the general federal-question statute. §6082(c)(1); see ante, at 13. Because suits subject to the FSIA are brought under §1330 rather than §1331, the majority infers that Helms- Burton suits against foreign sovereigns cannot be subject to the FSIA. See ante, at 13–14. But that inference just reveals the majority’s tunnel-vision perspective on HelmsBurton’s coverage. Contrary to what the majority seems to think, most Helms-Burton suits are brought against private parties, not Cuban instrumentalities. So most of those suits will be brought under §1331, not §1330 (even presuming the FSIA applies to the sovereign defendants occasionally sued). For that reason,…

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