The Supreme Court is set to review the contemporary breadth of the Alien Tort Statute (ATS) in the case of Kiobel v. Royal Dutch Petroleum, which is scheduled for oral argument on Tuesday. The central issue before the Court is whether to limit the statute’s modern application, which has historically been invoked to establish U.S. jurisdiction over various human rights disputes originating in foreign nations.
The statute has attracted a broad range of opinions. While some legal scholars and political observers view the statute’s sweeping application as potentially amounting to the “Law of the Hegemon,” it retains surprising popularity among certain liberal and Left-leaning legal circles (Kenneth Anderson/Volokh).
The case has drawn significant international attention, with several European governments, including Germany, Great Britain, and the Netherlands, formally intervening by submitting amicus curiae briefs on behalf of the defense (John Bellinger, Lawfare; WaPo). These filings underscore the geopolitical and international law implications of the Court’s ruling.
Further Discussion and Analysis
For more in-depth analysis of the case, interested parties can consult several legal forums. The New York Times‘s “Room for Debate” featured a discussion that included a contribution from Cato Institute colleague Ilya Shapiro. Additionally, Point of Law hosted a featured discussion on the case involving David Weissbrodt of the University of Minnesota and Julian Ku of Hofstra University.
