Cisco Systems, Inc. v. Doe · ¶18

Over a decade later, this Court interpreted the ATS for the first time. In Sosa v. Alvarez-Machain, we held that the ATS does not permit a court to create a cause of action for arbitrary detention in violation of international law. 542 U. S., at 699, 736–738. In so holding, we stressed that “the ATS is a jurisdictional statute creating no new causes of action.” Id., at 724. At the same time—and in considerable tension with the first point—we said that the ATS allows for the possibility of new, judicially created causes of action to enforce norms of international law. Id., at 724–725.

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