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NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being
done in connection with this case, at the time the opinion is issued. The
syllabus constitutes no part of the opinion of the Court but has been prepared
by the Reporter of Decisions for the convenience of the reader. See United ______
States v. Detroit Lumber Co., 200 U. S. 321, 337.______ ___________________
SUPREME COURT OF THE UNITED STATES
Syllabus
SMITH v. UNITED STATES ____
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
No. 91-1538. Argued December 7, 1992 - Decided March 8, 1993
After her husband was killed in Antarctica - a sovereignless region without
civil tort law of its own - while he was working for a private firm under
contract to a federal agency, petitioner filed this wrongful death action
against the United States under the Federal Tort Claims Act (FTCA). The
District Court dismissed the complaint for lack of subject-matter
jurisdiction, holding that the claim was barred by the FTCA's foreign-country
exception, which states that the statute's waiver of sovereign immunity does
not apply to ``[a]ny claim arising in a foreign country,'' 28 U. S. C.
S2680(k). The Court of Appeals affirmed.
Held: The FTCA does not apply to tortious acts or omissions occurring in_____
Antarctica. The ordinary meaning of ``foreign country'' includes Antarctica,
even though it has no recognized government. If this were not so, S1346(b) -
which waives sovereign immunity for certain torts committed ``under
circumstances where the United States, if a private person, would be liable
. . . in accordance with the law of the place where the act or omission _________________________________________________________________
occurred'' (emphasis added) - would have the bizarre result of instructing ________
courts to look to the law of a place that has no law in order to determine the
United States' liability. Similarly, if Antarctica were included within the
FTCA's coverage, S1402(b) - which provides that claims may be brought ``only
in the judicial district where the plaintiff resides or wherein the act or
omission complained of occurred'' - would have the anomalous result of
limiting venue to cases in which the claimant happened to reside in the United
States, since no federal judicial district encompasses Antarctica. This
interpretation of the FTCA accords with the canon of construction that
prohibits courts from either extending or narrowing the statute's sovereign
immunity waiver
I II SMITH v. UNITED STATES ____
Syllabus
beyond what Congress intended, United States v. Kubrick, 444 U. S. 111, _____________ ________
117-118, and with the presumption against extraterritorial application of
United States statutes, see, e.g., EEOC v. Arabian American Oil Co., 499 U. S. __________ _________________________
___, ___. It is unlikely that Congress, had it expressly considered the
question when it passed the FTCA, would have included a desolate and
extraordinarily dangerous land such as Antarctica within the statute's scope.
Pp. 3-8.
953 F. 2d 1116, affirmed.
REHNQUIST, C. J., delivered the opinion of the Court, in which WHITE,
BLACKMUN, O'CONNOR, SCALIA, KENNEDY, SOUTER, and THOMAS, JJ., joined. STEVENS,
J., filed a dissenting opinion.