The U.S. Supreme Court has significantly narrowed the scope of the 18th-century Alien Tort Statute (ATS), ruling that American courts are not the appropriate forum for lawsuits seeking justice over foreign governments' actions, particularly those occurring abroad. In a 6-3 decision, the Court sided with Cisco Systems, which was accused by Falun Gong members of developing technology that helped China's government track, detain, and torture them. Justice Amy Coney Barrett, writing for the majority, stated that the Court was effectively closing the door on human rights claims under the ATS, describing a previously suggested viability for such cases as a "null set."
This decision marks the latest in a series of rulings that limit the ability of plaintiffs to use U.S. courts to hold corporations accountable for human rights abuses overseas. The lawsuit against Cisco, filed in 2011, alleged the company knowingly designed and implemented the "Golden Shield," China's internet surveillance system, which it knew would be used to persecute Falun Gong believers. Documents from 2008 showed Cisco viewed the "Golden Shield" as a sales opportunity and that its products could identify over 90% of Falun Gong material online, even representing such material as a "threat."
Justice Sonia Sotomayor, in a dissenting opinion, criticized the majority for "closing the courthouse doors not just to respondents, but to virtually every future litigant seeking redress for a violation of international law under the ATS." She warned the ruling would block claims involving severe abuses like torture, forced labor, and genocide. Human rights advocates had historically used the ATS, which was dormant for nearly two centuries before its revival in the 1980s, to pursue cases against multinational corporations for overseas atrocities under principles of accomplice liability. The ruling effectively removes this avenue for accountability.
