Exxon Mobil Corp. v. Corporación Cimex, S. A. (Cuba) · ¶111

Nothing in the text or “architecture” (ante, at 9) of the Helms-Burton Act suggests that Congress abrogated the sovereign immunity of these defendants—much less that it did so with the requisite unmistakable clarity. And nothing in this case presents a choice between giving effect to the Helms-Burton Act and preserving the immunity codified in the FSIA. So I would apply both laws as Congress wrote them. That means, as the lower courts here held, that Exxon’s suit can proceed if—but only if—it can show an FSIA exception is satisfied.

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