Cisco Systems, Inc. v. Doe · ¶117

As to each of these offenses, as to each of these enemies of mankind, the majority decides that there is simply no way that a suit could possibly proceed without offending Congress. Noticeably absent from the majority’s analysis is any evidence that Congress would be offended by these suits. Of course, there may be reasons why allowing an individual ATS suit to proceed would be unwise. That possibility, however, should be addressed on a case-by-case basis. Indeed, that option was available in this very case. Even though the analysis of the dissenting judge below was mistaken for the reasons given above, see supra, at 5–10, it at least applied Sosa and concluded that allowing this specific suit to proceed would not be an appropriate exercise of judicial discretion, see 73 F. 4th, at 748–751. The possibility that one case should not be allowed through the door is no reason to weld the…

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