Supreme Court issues decision in Cisco Systems v. Doe

In the first opinion announced Tuesday morning, the Supreme Court issued its decision in Cisco Systems v. Doe, a case addressing whether (1) the Alien Tort Statute permits a judicially implied private right of action for aiding and abetting violations of international law; and (2) the Torture Victim Protection Act permits a judicially implied private right of action for aiding and abetting torture or extrajudicial killing.Justice Barrett delivered the majority opinion, joined by the Chief Justice and Justices Thomas, Alito, Gorsuch, and Kavanaugh. Justice Jackson filed an opinion concurring in part and dissenting in part, joined by Justice Kagan. Justice Sotomayor filed a dissenting opinion, joined in part by Justices Kagan and Jackson.
As to the first issue, the Court held that federal courts may not create new causes of action under the Alien Tort Statute for alleged violations of international law norms, including aiding-and-abetting liability. As to the second issue, the Court held that the Torture Victim Protection Act – which expressly provides a cause of action against any person who “subjects” another to torture– does not extend to aiding-and-abetting liability.
The decision is likely to affect future claims brought under the ATS against corporations and other entities accused of facilitating human rights violations abroad.

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