Supreme Court Reins In Activist Lawsuits, Major Win for U.S. Businesses

This aligned with the administration’s goals of protecting U.S. innovation, preventing lawfare

against American companies, and avoiding judicial interference in foreign relations best handled by the executive and legislative branches.

Barrett emphasized separation of powers: “The power to create causes of action belongs to Congress… Creating any cause of action ‘is an extraordinary act that places great stress on the separation of powers.’”

She noted the ATS is jurisdictional only and warned against courts inventing liability that risks “adverse foreign policy consequences.”

Justice Thomas, in prior related writings referenced by the majority, reinforced originalist limits.

Justice Alito has similarly stressed caution against race- or group-based standards bleeding into other doctrines, though here the focus remained textual and structural.

Justice Ketanji Brown Jackson concurred in part and dissented in part, joined by Justice Elena Kagan.

She agreed on narrowing the ATS but argued the TVPA’s text could encompass aiding and abetting in some cases.

Justice Sonia Sotomayor dissented more broadly, joined by Kagan and Jackson in key parts, claiming the majority “jettisons two decades of settled precedent” and warning it “forecloses future reliance on Sosa and shuts the courthouse doors to almost any claimed violation of international law under the ATS.”