470
Opinion of the Court
strumentality status even if their theory that such status could be conferred on a subsidiary were accepted. Pp. 478-480.
No. 01-593, certiorari dismissed; No. 01-594, affirmed. Reported below:
251 F. 3d 795.
Kennedy, J., delivered the opinion for a unanimous Court with respect to Parts I, II-A, and II-C, and the opinion of the Court with respect to Part II-B, in which Rehnquist, C. J., and Stevens, Scalia, Souter, Thomas, and Ginsburg, JJ., joined. Breyer, J., filed an opinion concurring in part and dissenting in part, in which O'Connor, J., joined, post, p. 480.
Peter R. Paden argued the cause for petitioners in both cases. With him on the briefs in No. 01-594 were Philip E. Karmel, Laurence A. Horvath, Thomas C. Walsh, and James F. Bennett. On the briefs in No. 01-593 were Robert H. Klonoff, Daniel H. Bromberg, Terence M. Murphy, Michael L. Rice, Robert G. Crow, Richard C. Sutton, Jr., Robert T. Greig, Boaz S. Morag, Michael L. Brem, F. Walter Conrad, Jr., D. Ferguson McNiel III, Charles W. Schwartz, and R. Burton Ballanfant.
Jonathan S. Massey argued the cause for respondents in both cases. With him on the brief was Christian H. Hartley.
Jeffrey P. Minear argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Olson, Assistant Attorney General McCallum, Deputy Solicitor General Kneedler, Douglas N. Letter, H. Thomas Byron III, and William Howard Taft IV.†
Justice Kennedy delivered the opinion of the Court.
Foreign states may invoke certain rights and immunities in litigation under the Foreign Sovereign Immunities Act of
†Briefs of amici curiae urging reversal were filed for the Republic of Ireland et al. by Martin R. Baach and James P. Davenport; and for Consortium de Réalisation et al. by George J. Terwilliger III, Darryl S. Lew, and R. Shawn Gunnarson.
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