Schmitt Urges Supreme Court to Review YPF Ruling

Senator Eric Schmitt and attorneys general from 14 states backed former YPF investors in asking the justices to take up a Second Circuit decision.

Updated on Nov. 3, 2026 in Law

Bold flat-color editorial illustration of a neoclassical courthouse facade with a broad staircase and central pediment, rendered in deep red and cream. — Senator Eric Schmitt and attorneys general from 14 states urged the Supreme Court to review a Second Circuit ruling in the YPF case, backing former investors. AI Illustration. Upload story photo >

Republican Senator Eric Schmitt and attorneys general from 14 states filed an amicus brief asking the Supreme Court to review a Second Circuit ruling in the YPF case. The filing supports former YPF SA investors and argues that Congress, not the courts, should decide whether to abrogate foreign sovereign immunity.

Why it matters

The brief contends that leaving the Second Circuit's holding in place would give foreign states a roadmap to evade liability. The outcome could shape how U.S. courts handle claims against foreign governments and companies tied to them.

The amicus brief was filed on a Monday and joined by attorneys general from 14 states, backing former YPF investors' request. The Supreme Court has not yet indicated whether it will take up the case.

The players

Eric Schmitt

Eric Schmitt is the Republican U.S. senator from Missouri who joined the amicus filing supporting former YPF investors.

YPF SA

YPF SA is Argentina's largest energy company, whose former investors are seeking to hold the company's obligations enforceable in U.S. courts.

The details

Schmitt and the attorneys general asked the Supreme Court to reverse the Second Circuit's ruling in the YPF matter. The brief argues that questions of abrogating foreign sovereign immunity belong to Congress rather than to the courts.

The amicus brief was filed on November 2, 2026, a Monday.

Legal Context

The dispute turns on the Foreign Sovereign Immunities Act of 1976, which governs when foreign states can be sued in U.S. courts. The brief's position that Congress must decide any abrogation places the case within that statute's framework.

The Supreme Court's decision on whether to review the case will determine if the Second Circuit's ruling stands. Investors and parties with claims against foreign states could see how their suits are treated in U.S. courts.

The takeaway

The brief frames the question as one for Congress rather than the courts, a distinction that could determine how future suits against foreign states are handled. Readers following foreign sovereign immunity cases should watch whether the Supreme Court agrees to hear the matter.