Cisco Systems, Inc. v. Doe · ¶33

But ATS cases by their nature implicate foreign policy. As we have explained, “the danger of unwarranted judicial interference in the conduct of foreign policy is magnified in th[is] context.” Kiobel, 569 U. S., at 116. After all, the “point of [a new ATS cause of action is] to vindicate ‘a norm of international character.’” Jesner, 584 U. S., at 284 (GORSUCH, J., concurring) (quoting Sosa, 542 U. S., at 725). It is thus difficult to think of a case in which a court “might safely conclude” that a new ATS cause of action would not have detrimental foreign policy consequences. Jesner, 584 U. S., at 284 (GORSUCH, J., concurring). Even suits against American defendants (like this one against Cisco) generally require a court to examine allegations of heinous acts committed by foreign nations or individuals.

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