462
Kennedy, J., dissenting
maritime commerce, interstate and foreign, are subject to judicial scrutiny under the Commerce Clause. And to the extent that the mere assertion of state judicial power may threaten maritime commerce, the Due Process Clause provides an important measure of protection for out-of-state defendants, especially foreigners. See Asahi Metal Industry Co. v. Superior Court of Cal., Solano Cty., 480 U. S. 102 (1987); Helicopteros Nacionales de Colombia, S. A. v. Hall, 466 U. S. 408 (1984).3 Extension of the ill-advised doctrine of Jensen is not the appropriate remedy for unreasonable state venue rules.
Accordingly, I concur in the judgment and in Part II-C of the opinion of the Court.
Justice Kennedy, with whom Justice Thomas joins, dissenting.
The Court gives a careful and comprehensive history of the forum non conveniens doctrine but, in my respectful view, draws the wrong conclusions from this account and from our precedents. Today's holding contradicts two just and well-accepted principles of admiralty law: uniformity and the elimination of unfair forum selection rules. When hearing cases governed by the federal admiralty and maritime law, the state courts, to be sure, have broad discretion to reject a forum non conveniens motion. They should not be permitted, however, to disregard the objection altogether. With due respect, I dissent.
Neither the Court nor respondent is well positioned in this case to contend that the State has some convincing reason to outlaw the forum non conveniens objection. For the fact is, though the Court seems unimpressed by the irony, the State of Louisiana commands its courts to entertain the forum non conveniens objection in all federal civil cases except for admiralty, the very context in which the rule is most
3 Petitioner asserted such a defense in the trial court, but has not asserted a personal jurisdiction challenge before this Court.
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