Supreme Court Limits Foreigners‘ Ability to File Lawsuits

The court’s restrictions address laws from 1789 and 1991.

In its final release of decisions from the current term, the Supreme Court issued a ruling that narrows the ability of foreigners to file lawsuits in U.S. federal court for alleged violations of international law.

Justice Amy Coney Barrett wrote for the majority that the 1789 Alien Tort Statute (ATS) only allows lawsuits for a specific group of claims at the time Congress passed the law. The high court determined the Torture Victims Protection Act of 1991 does not include claims against those alleged to aid and abet torture.

Justice Barrett wrote, “ATS and TVPA cases frequently involve heinous and inhumane acts” for which “[t]he political branches or other international actors may well provide redress. But we decline to distort the statutory text or the Constitution’s allocation of powers to enlist U.S. courts in that project.”

Previous Supreme Court precedent held that lawsuits brought to federal courts must address inhumane treatment that occurred within the United States and that foreign corporations cannot be sued under the ATS.

As the Lord Leads, Pray with Us…

  • For the justices as they consider cases for the fall docket during their summer recess.
  • For discernment for district and circuit judges as they hear cases regarding constitutional authority and civil rights.

Sources: ScotusBlog, The Dispatch

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