Under subsections (a) and (g) of 28 U.S.C. § 1610, attachment and execution on the property of a foreign state is permissible provided that it is being used for "a commercial activity in the United States".[3] However, the items in question in this particular case—ancient Persian artifacts held by the University of Chicago Oriental Institute and the Field Museum (both of whom were sued by Rubin et. al) were not in use by the state of Iran, and therefore could not be executed upon, as ruled by both the district court and Seventh Circuit. An 8-0 (Kagan did not participate) opinion was delivered by Justice Sotomayor upholding the judgment that the ancient artifacts cannot be seized, ruling that exceptions to the Foreign Sovereign Immunities Act did not apply in this case.