Cisco Systems, Inc. v. Doe · ¶100

Given that there are strong foreign-policy interests on both sides of the scale, Sosa correctly rejected the argument that fear of “adverse foreign policy consequences” should categorically preclude judicial involvement in this area. 542 U. S., at 728. Instead, although it stressed that courts must act “with great caution” when finding implied causes of action, Sosa left the door open to doing so. Id., at 728, 731. Second, Sosa also fully addressed the majority’s charge that, according to modern legal sensibilities, Congress, not courts, should create causes of action. Like today’s Court, the Sosa Court was well aware that “this Court has recently and repeatedly said that a decision to create a private right of action is one better left to legislative judgment in the great majority of cases.” Id., at 727; see ante, at 9. Even so, Sosa explained that the First Congress, which passed the…

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