Cisco Systems, Inc. v. Doe · ¶30

He cited “[t]he general rule” that “‘grants of jurisdiction alone . . . are not themselves grants of lawmaking authority’” and noted that Sosa had not identified any reason why the ATS is an exception. Ibid. He then observed that Sosa’s “reasons why courts must be circumspect” in developing law under the ATS are actually “reasons why courts cannot possibly be thought to have been given” this power in the first place. Id., at 747.

slip opinion
Source edition
Passage preview. Read in context for the complete text, notes and references.