Cisco Systems, Inc. v. Doe · ¶95

These five opinions, however, are not, and never have been, the law. The Sosa majority expressly rejected the call to stop at the Blackstone three, dismissing Justice Scalia’s position as “particularly unconvincing in light of what we know about congressional understanding bearing on this issue.” 542 U. S., at 729–730. Nor did any of the subsequent opinions garner a majority, as the Court in each case rejected liability under the ATS on narrower grounds than the separate writings advocated. See Nestlé, 593 U. S., at 634 (rejecting extraterritorial application of the ATS); Jes ner, 584 U. S., at 270–272 (holding that Sosa’s second step counseled against extending ATS liability to foreign corporations). To say something three times (or five) does not make it true. See L. Carroll, The Hunting of the Snark (1876).

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