The U.S. Supreme Court case Weinberger, Secretary of Defense, et al. v. Rossi et al., 1981 revolved around the issue of whether or not overseas military base commissaries and exchanges could sell goods to American civilian employees and their dependents without violating non-discrimination provisions in international agreements with host countries (in this case Japan and Philippines). The court ruled in favor of Rossi, stating that such sales did not violate these provisions unless explicitly prohibited by the terms of an agreement. This decision overturned a previous ruling by the Department of Defense which had restricted access to these facilities for American civilians working abroad on military bases due to concerns about potential violations of international agreements.

In the dissenting opinion for Weinberger v. Rossi, Justice Rehnquist disagreed with the majority's interpretation of Title VII of the Civil Rights Act and its application to overseas military bases. He argued that Congress did not intend for Title VII to apply extraterritorially when it was enacted in 1964 or amended in 1972. He also pointed out that other federal laws explicitly state their international applicability, suggesting that if Congress wanted Title VII to have such reach, they would have stated so clearly. Furthermore, he expressed concern about potential conflicts between U.S employment discrimination law and foreign labor laws on overseas bases which could lead to diplomatic issues. Lastly, he criticized the majority’s reliance on executive orders as evidence of Congressional intent because these orders were issued after the enactment and amendment dates of Title VII.