Supreme Court Closes Door on Human Rights Abuses in Foreign Companies

The Supreme Court has dealt a significant blow to victims of human rights abuses by limiting their ability to seek redress in US courts. In the case of Cisco Systems, Inc. v. Doe I, decided in June, the court ruled that foreign companies cannot be sued under the Alien Tort Statute (ATS) for their role in aiding and abetting human rights violations abroad.

The ATS, part of the Judiciary Act of 1789, gives federal courts jurisdiction over civil actions by aliens for torts committed in violation of international law. However, the court's decision has effectively nullified this vital law, making it more difficult for victims to hold corporations accountable for their actions.

Justice Amy Coney Barrett wrote that ATS cases 'implicate foreign policy,' which is primarily left to the other two branches of government, and that Congress intended to create causes of action, not courts. This decision goes further than previous rulings in restricting the ability of federal courts to hear cases under the ATS.

Justice Sonia Sotomayor strongly dissented, arguing that allowing liability under the ATS would not be inconsistent with congressional intent or interfere with foreign policy. She also disagreed with the court's conclusion that the Torture Victim Protection Act (TVPA) does not allow plaintiffs to sue for aiding and abetting torture.

The decision is a devastating blow to victims of human rights violations, who will now have limited options for seeking redress in US courts. It effectively invalidates a statute enacted in 1789, with the clear expectation that suits could be brought under it.