Exxon Mobil Corp. v. Corporación Cimex, S.A. (Cuba)
U.S. Supreme Court Oral Arguments
Oyez
4.7 • 661 Ratings
🗓️ 23 February 2026
⏱️ 92 minutes
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| 0:00.0 | Your argument next in case 24-699 ExxonMobil Corporation versus Corrassion C-Mex at all. |
| 0:13.1 | Mr. Ratner, Ms. Ratner. |
| 0:15.1 | Mr. Chief Justice, and may it please the Court, if you read the Helms-Burtan Act from front to back, |
| 0:22.0 | you'll have one clear takeaway, and it's the one already mentioned this morning, that the 1996 Congress wanted to put |
| 0:28.1 | crushing diplomatic and economic pressure on the Cuban government. That includes by abrogating |
| 0:34.9 | the sovereign immunity of Cuban instrumentalities in claims brought under Title III of that act. |
| 0:41.9 | Now, there's admittedly a high bar for abrogation, but this Court has said again and again that Congress doesn't need to use magic words to get there. |
| 0:52.0 | It just needs to make its intent clear through what Kurtz called |
| 0:56.7 | the sum total of its work. And it did that here. Let me start with the most important piece, |
| 1:03.2 | Section 6082A. Congress created a cause of action and expressly applied that cause of action |
| 1:10.7 | to foreign instrumentalities. |
| 1:13.1 | That's a standard route to abrogation that this Court has recognized in Kurtz, Kimmel, |
| 1:19.7 | Hibbs, and Financial Oversight and Management Board. Then Congress did three things to confirm that |
| 1:26.1 | that was its intent. |
| 1:35.0 | First, we know with absolute certainty that it wanted claims and judgments against Cuban instrumentalities because it repeatedly discusses them, including at 6082A7, C2, and D. |
| 1:43.0 | That was up for debate in Kimmel and Kurtz. |
| 1:46.2 | It's not up for debate here. |
| 1:49.1 | Second, Congress emphasized that it wanted fully effective remedies in U.S. courts, including against governments. |
| 1:57.3 | That's 60818 and 11. |
| 2:01.4 | And third, at the same time it authorized suits against Cuban instrumentalities, |
| 2:06.7 | Congress also codified an incredibly restrictive embargo |
| 2:10.8 | cutting off commerce between the United States and Cuba. |
... |
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