Cisco Systems, Inc. v. Doe · ¶111

Two observations follow from this study. First, there is no real reason to think that ATS suits are clogging federal courts’ dockets, as 300 cases across multiple centuries reflect a tiny fraction of the hundreds of thousands of civil cases that are filed in federal courts each year.Second, this Court’s cases narrowing ATS liability have had a significant, and effective, role in reining in federal courts and controlling the proliferation of implied causes of action for violations of international law. For example, the number of filed ATS cases fell precipitously after this Court held that the ATS does not apply extraterritorially. Ewell 1237–1238 (discussing Kiobel v. Royal Dutch Petroleum Co., 569 U. S. 108 (2013)). Putting these points together, there is no reason to think that Sosa’s framework has become, or is at risk of becoming, unmanageable.

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