In the 1902 Supreme Court case, United States v. The Paquete Habana, two Cuban fishing vessels were seized by U.S. naval blockades during the Spanish-American War and sold as prizes of war. The owners of these vessels appealed to the Supreme Court arguing that coastal fishing boats should be exempt from capture under international law due to their non-military nature and importance for local economies. The court ruled in favor of the fishermen stating that customary international law was part of U.S federal law unless explicitly overridden by Congress or a treaty obligation. This ruling established an important precedent recognizing customary international laws as part of domestic legal system when there is no conflicting legislation or treaties.

The dissenting opinion in the case of The Paquete Habana, United States v. The Paquete Habana, 1902 was not recorded or does not exist. In this case, the Supreme Court unanimously ruled that international law is part of U.S law and must be ascertained and administered by courts in appropriate cases. They held that coastal fishing vessels are exempt from capture during wartime under customary international law. This decision did not have a dissenting opinion documented; all justices agreed with the majority ruling.