Cisco Systems, Inc. v. Doe · ¶36

Sosa acknowledged both these points: that crafting new causes of action under the ATS “raise[s] risks of adverse foreign policy consequences,” 542 U. S., at 728, and intrudes on Congress’s prerogative to create private rights of action, id., at 727. Because of these concerns, it consciously designed a test that would be extremely difficult to meet. But what Sosa made difficult, subsequent legal developments have made impossible.

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