Cisco Systems, Inc. v. Doe · ¶109

The other circumstance in which this Court will sometimes overturn a statutory precedent is if its standard has “prove[n] unworkable.” Kimble, 576 U. S., at 459. Here, there is no reason to think that is true of Sosa’s two-step framework. No one argues before this Court that Sosa’s steps are unclear or hard to apply. Instead, Cisco argues that Sosa and the ATS have allowed causes of action to proliferate, ensnaring defendants and courts in litigation. See Brief for Petitioners 26.

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