Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
03-339
Term
2003 Term
Oral Argument Date
March 30, 2004
Questions Presented
1. Whether the ATA, is simply a grant of jurisdiction, or whether, in addition to granting jurisdiction, it provides a cause of action upon which aliens may sue for torts in violation of the law of nations or treaties of the United States.
2. If the ATA provides a cause of action, whether the actions it authorizes are limited to suits for violations of jus cogens norms of international law.
3. Whether a detention that lasts less than 24 hours, results in no physical harm to the detainee, and is undertaken by a private individual under instructions from senior United States law enforcement officials, constitutes a tort in violation of the law of nations actionable under the ATA.
Case Updates
U.S. Supreme Court clarifies jurisdictional nature of Alien Tort Statute, limits its scope
June 29, 2004
The Supreme Court ruled that the respondent could not recover damages under the ATS. According to the Court, the ATS “is a jurisdictional statute creating no new causes of action” but does not require further statutes expressly adopting causes of action. Rather, “the common law would provide a cause of action for the modest number of international law violations thought to carry personal liability at the time: offenses against ambassadors, violation of safe conducts, and piracy.”
U.S. Chamber files amicus brief
January 23, 2004
NCLC urged the U.S. Supreme Court to hold that the Alien Tort Statute of 1789 (ATS) provides jurisdiction only and contains no private cause of action. NCLC also urged the Court to clarify that the ATS confers jurisdiction only where Congress has provided a cause of action by statute or treaty. In its amicus brief, NCLC explained that ATS litigation increasingly interferes with foreign investment by putting companies with a U.S. presence at a unique and unfair competitive advantage. ATS lawsuits also interfere with foreign relations by undermining the nuanced foreign policy decisions of the President and Congress.
Cert. petition granted
December 01, 2003
U.S. Chamber urges Supreme Court to review jurisdictional nature of Alien Tort Statute
October 03, 2003
Click here to view the Chamber's amicus brief.
Case Documents
- Sosa v. Alvarez-Machain (NCLC Merits Amicus Brief).pdf
- Sosa v. Alvarez-Machain (NCLC Cert Amicus Brief).pdf