Exxon Mobil Corp. v. Corporación Cimex, S. A. (Cuba) · ¶109

Finally, the majority puts undue weight on a provision allowing the President to suspend Helms-Burton suits. See 22 U. S. C. §6085(c). As the majority sees it, that provision was designed to restore the pre-FSIA regime in which courts deferred to Executive Branch determinations about sovereign immunity. See ante, at 5–6, 15–17. Of course, Congress could have done something like that, by amending the FSIA itself or stating in Helms-Burton that the FSIA does not apply there. But the suspension provision is not a good fit for that result. Once again, the suits brought under that Act are mostly against private parties. The suspension provision enables the President to stop all of those suits, in addition to the ones against Cuban instrumentalities. So contra the majority, that provision is not reasonably understood to have as its object the alteration of the usual rules of sovereign…

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