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SMITH v. UNITED STATES

No. 91-1538.

507 U.S. 197 (1993)

SMITH v. UNITED STATES

United States Supreme Court.

Decided March 8, 1993.

Attorney(s) appearing for the Case

David J. Bederman argued the cause for petitioner. With him on the briefs were Allen T. Murphy, Jr., and David Gernant.

Christopher J. Wright argued the cause for the United States. On the brief were Solicitor General Starr, Assistant Attorney General Gerson, Deputy Solicitor General Mahoney, and Mark B. Stern.

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, p. 205.

Chief Justice Rehnquist delivered the opinion of the Court.

This case presents the question whether the Federal Tort Claims Act (FTCA), 28 U. S. C. §§ 1346(b), 1402(b), 2401(b), 2671-2680 (1988 ed. and Supp. II), applies to tortious acts or omissions occurring in Antarctica, a sovereignless region without civil tort law of its own.1 We hold that it does not.

Petitioner Sandra Jean Smith is the widow of John Emmett Smith...

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