The Venus v. United States case in 1961 revolved around the seizure of a ship, The Venus, by U.S. authorities during the War of 1812 under allegations that it was violating trade restrictions with Great Britain. The owners of the vessel were British subjects residing in America and they contested this action arguing that their commercial activities did not violate any laws since they had been living in America for several years before war broke out between England and America. However, the Supreme Court ruled against them stating that despite their residence status, as British subjects they were still considered enemies under international law and thus subject to trade restrictions imposed during wartime conditions. This ruling established an important precedent regarding how foreign nationals are treated under American law during times of conflict.

The dissenting opinion in the Venus v. United States case argued that the majority's decision was inconsistent with previous rulings and interpretations of international law. The dissenters believed that a foreign vessel, even if it is owned by U.S citizens, should be treated as a foreign entity under international law when it comes to import duties. They contended that this principle had been upheld in numerous prior cases and was widely accepted among nations worldwide. Therefore, they disagreed with the majority's ruling which held otherwise - treating such vessels as domestic entities for tariff purposes - arguing it could potentially disrupt international trade relations due to its deviation from established norms of maritime law.