Cisco Systems, Inc. v. Doe · ¶107

The majority says that “[s]ince Sosa was decided, we have firmly committed to the view that judicially created causes of action offend the separation of powers in almost every circumstance.’” Ante, at 10. It relies primarily on cases concerning not implied causes of action under the ATS, but cases from this Court’s Bivens jurisprudence. See ante, at 10 (citing, among others, Egbert v. Boule, 596 U. S. 482 (2022); Ziglar v. Abbasi, 582 U. S. 120 (2017)). Those cases are far afield: They involved implying causes of action under the Constitution, not the ATS. There are, of course, many differences between the Constitution and the ATS, chief among which is that Congress passed the ATS specifically to furnish a path for plaintiffs to recover monetary damages. See Sosa, 542 U. S., at 724. Setting those differences aside, by the time this Court decided Sosa in 2004, it was already “firmly…

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