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Cisco Systems, Inc. v. Doe · ¶98

In any event, this Court already resolved the majority’s objections in Sosa itself. First, Sosa explained that foreign- policy concerns can arise from the failure to provide remedies for international-law violations just as they can arise from the imposition of liability for such violations. The founding generation was deeply concerned with foreign tensions resulting from “the Continental Congress’s incapacity to deal with,” and States’ failures to provide remedies for, international-law violations, especially when an American defendant was involved. 542 U. S., at 716–718. The ATS was a direct response to those “anxieties of the preconstitutional period.” Id., at 719. Indeed, the incidents discussed above all came to the Federal Government’s attention because foreign nations complained to the United States about them. See, e.g., Jefferson Opinion 693 (noting complaints from Spanish and…
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