Federal Republic of Germany v. United States

Background

The Federal Republic of Germany asked the Court for permission to file an emergency lawsuit and for an injunction to stop Arizona from executing Walter LaGrand, whom Germany says is a German citizen. Germany asked the Court to enforce an order the International Court of Justice issued that day, which had directed the United States to prevent the execution. The motion was filed only hours before a January 15, 1999 execution date; the majority notes Germany learned of the 1984 sentence in 1992.

Reasoning

The core question was whether the Supreme Court should hear this last-minute international claim and block the execution. The Court refused to exercise its original authority, citing major threshold problems: the United States appears to retain sovereign immunity, it is doubtful that the Constitution’s text provides a basis for this suit to stop the execution of a non-diplomat foreign national, and a foreign government’s suit against an individual State lacks clear support and may violate state immunity principles. The Court also emphasized the extreme delay in filing the plea only hours before the scheduled execution.

Real world impact

Because the Court declined to take the case, the immediate effect is that Arizona’s execution plans remain legally uncontested by this Supreme Court action. The ruling is procedural, not a final decision on the underlying international claim, so the international dispute and related legal questions could be reconsidered later after fuller briefing.

Dissents or concurrances

Justice Souter (joined by Justice Ginsburg) joined the order but avoided relying on state-immunity grounds. Justice Breyer (joined by Justice Stevens) dissented and would have granted a short stay to allow full briefing and consideration of the International Court’s request.