Cisco Systems, Inc. v. Doe · ¶25

Judge Christen dissented in part. She saw “several sound reasons to decline to recognize a cause of action for aiding and abetting” the alleged acts. Id., at 748. Notably, she reasoned that “a finding of liability in this case would necessarily require a showing that the Chinese Communist Party and Ministry of Public Security violated international law.” Ibid. And such a finding “could have serious ramifications” for U. S.-China relations, “fraught as they already are.” Id., at 749. Permitting aiding-and-abetting liability under the ATS is thus “inconsistent with [the court’s] obligation to exercise ‘great caution in adapting the law of nations to private rights.’” Id., at 751 (quoting Sosa, 542 U. S., at 728).

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