Cisco Systems, Inc. v. Doe
View Official PDFBelow are plain-language sections to help you understand what the Court decided in Cisco Systems, Inc. v. Doe and why it matters. Quotes are taken from the syllabus (the Court’s short summary at the start of the opinion).
Summary
A short, plain-English overview of Cisco Systems, Inc. v. Doe.
The Supreme Court reversed the Ninth Circuit's decision, ruling that courts cannot create new causes of action under the Alien Tort Statute (ATS) for violations of international norms. The Court also determined that the Torture Victim Protection Act (TVPA) does not provide for aiding-and-abetting liability. This decision emphasizes the separation of powers and the role of Congress in creating legal remedies.
Holding
The single most important “bottom line” of what the Court decided in Cisco Systems, Inc. v. Doe.
The Court held that courts may not create new causes of action for violations of international norms under the ATS and that the TVPA does not provide for aiding-and-abetting liability.
Constitutional Concepts
These are the Constitution-related themes that appear in Cisco Systems, Inc. v. Doe. Click a concept to see other cases that involve the same idea.
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Why Judicial Review is relevant to Cisco Systems, Inc. v. Doe
The Court's decision centers on the judiciary's role and limits in creating new causes of action under the ATS, emphasizing separation of powers.
Syllabus excerpt (verbatim)The Court has 'rejected the practice of fashioning rights of action as [it] see[s] fit,' FS Credit Opportunities Corp. v. Saba Capital Master Fund, Ltd., 608 U. S. ___, ___–___ (slip op., at 3–4).
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Why State–Federal Power is relevant to Cisco Systems, Inc. v. Doe
The decision involves the allocation of authority between federal courts and Congress regarding international law and foreign policy implications.
Syllabus excerpt (verbatim)Because ATS cases by their nature implicate foreign policy, it is difficult to think of a case in which a court 'might safely conclude' that a new ATS cause of action would not have detrimental foreign policy consequences.
Key Quotes
Short excerpts from the syllabus in Cisco Systems, Inc. v. Doe that support the summary and concepts above.
Courts may not create new causes of action for violations of international norms under the ATS.
The TVPA, which contains an express cause of action against someone who 'subjects' another to torture, does not provide for aiding-and-abetting liability.
Congress is better positioned than courts to evaluate the policy tradeoffs of creating liability.