In the case Federal Republic of Germany v. Philipp, 2020, the U.S Supreme Court ruled in favor of Germany and Spain over claims to art seized by Nazi forces during World War II. The plaintiffs were descendants of German Jewish art dealers who alleged that their ancestors were forced to sell a collection known as Guelph Treasure under duress to Prussian Prime Minister Hermann Goering in 1935. They sought restitution for this property from Germany and an agency called Stiftung Preussischer Kulturbesitz (SPK). In another claim against Spain's Thyssen-Bornemisza Museum, Cassirer argued that his grandmother was compelled to surrender a Camille Pissarro painting before fleeing Nazi persecution. The court unanimously held that both cases fell within the Foreign Sovereign Immunities Act’s expropriation exception which bars lawsuits against foreign countries except those involving rights in property taken in violation of international law. Justice Breyer wrote for the court stating "We need not decide whether the sale at issue here violated international law," but rather if it constituted genocidal taking - which they concluded it did not.

In the dissenting opinion for Federal Republic of Germany v. Philipp, Justice Gorsuch, joined by Justice Thomas, argued that the majority's decision to dismiss the case based on international comity was incorrect and inconsistent with previous rulings. They contended that it is not within a court’s purview to decide whether or not a foreign nation has violated international law; rather this should be left up to political branches like Congress and executive agencies who have expertise in handling diplomatic relations. The justices also expressed concern over how this ruling could potentially limit U.S citizens' ability to seek justice against foreign governments in American courts for violations of human rights or property thefts committed abroad.