Louis Brandeis

“ This court is without jurisdiction of the writ of error. It was settled in Oliver American Trading Co. v. United States of Mexico, 264 U.S. 440, 44 Sup. Ct. 390, 68 L. Ed. -- (decided since the entry of the judgment below) , that the claim of sovereign immunity does not present a question of federal jurisdiction within the meaning of section 238. This is equally true whether the claim of immunity is contested because of the character of the defendant or because the immunity is alleged to have been waived. ”

“ There, the question requiring decision was whether Congress had conferred upon the District Court sitting in admiralty power to entertain a suit against 'a general ship engaged in the common carriage of merchandise by water, for hire' which, at the time of the arrest, was owned by the Italian government and was in its possession. ”