News: US Supreme Court affirms 9-0 Second Circuit Dismissal of ATS Suit in Kiobel v. Royal Dutch Petroleum Co.

The much-anticipated Supreme Court decision in Kiobel is out, finding in a 9-0 majority that “the presumption against extraterritoriality applies to claims under the ATS, and that nothing in the statute rebuts that presumption.” Chief Justice Roberts delivered the opinion of the Court, in which Justices Scalia, Kennedy, Thomas and Alito joined. Justice Kennedy wrote a one-paragraph concurring opinion. Justice Alito also concurred, joined  by Justice Thomas. Justice Breyer concurred in the judgment, together with Justices Ginsburg, Sotomayor and Kagan. Here is the decision, and here initial commentaries from Opinio Juris and SCOTUS blog. Opinio Juris has also posted a call contribution for a Kiobel Insta-symposium here.


Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s