Cisco Systems, Inc. v. Doe · ¶32

Two points drive our decision today. First, judicial authority under Sosa’s second step was “narrow at the outset.” Nestlé, 593 U. S., at 636 (opinion of THOMAS, J.). Indeed, Sosa instructed federal courts to exercise “great caution in adapting the law of nations to private rights.” 542 U. S., at 728. Before doing so, courts must assess the “practical consequences” of creating new liability under the ATS, including the “risks of adverse foreign policy consequences.” Id., at 728, 732–733.

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