Legal Opinion · Concurring in the judgment

United States v. Stuart

Supreme Court of the United States

Decided February 28, 1989No. 87-1064Published

1Concurring in the judgmentJustice Scalia

I concur only in the judgment of the Court because I believe that the text of Articles XIX and XXI of the Convention between the United States and Canada Respecting Double Taxation, Mar. 4, 1942, 56 Stat. 1405-1406, T. S. No. 983, is completely dispositive of respondents’ claim under the agreement. The Court apparently agrees. See ante, at 365-366. Given that the Treaty’s language resolves the issue presented, there is no necessity of looking further to discover “the intent of the Treaty parties,” ante, at 366, and special reason to avoid the particular materials that the Court unnecessarily…

2Cases cited11 opinions

  1. Edye v. RobertsonSupreme Court of the United States · 1884
  2. Air France v. SaksSupreme Court of the United States · 1985
  3. Sumitomo Shoji America, Inc. v. AvaglianoSupreme Court of the United States · 1982
  4. Maximov v. United StatesSupreme Court of the United States · 1963
  5. Rocca v. ThompsonSupreme Court of the United States · 1912

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