Supreme Court 6-3 eliminated human rights claims under Alien Tort Statute in Cisco Systems v. Doe, overruling Sosa
The U.S. Supreme Court ruled 6-3 on June 23, 2026 in Cisco Systems, Inc. v. Doe that federal courts may no longer hear any human rights claims under the Alien Tort Statute (ATS), categorically overruling Sosa v. Alvarez-Machain (2004) and ending 46 years of ATS human rights litigation. Justice Amy Coney Barrett wrote for the conservative majority; Justices Sotomayor, Kagan, and Jackson dissented. The ruling also held that aiding-and-abetting liability is not available under the Torture Victim Protection Act.
Actors
On June 23, 2026, the U.S. Supreme Court ruled 6-3 in Cisco Systems, Inc. v. Doe to categorically eliminate human rights claims under the Alien Tort Statute (ATS), a 1789 law that had served since 1980 as the primary US civil legal vehicle for holding corporations and individuals accountable for torture, forced labor, extrajudicial killings, and other violations of international norms committed abroad. Justice Amy Coney Barrett wrote for the conservative majority; Justices Sotomayor, Kagan, and Jackson dissented. The majority also held that aiding-and-abetting claims are not actionable under the Torture Victim Protection Act (TVPA).
The case arose from claims that Cisco Systems provided surveillance technology to the Chinese government used to identify, track, and arrest Falun Gong practitioners. The ATS had been dormant for nearly two centuries until the Second Circuit opened it to human rights litigation in Filartiga v. Pena-Irala (1980). The Supreme Court had preserved a narrow form of ATS jurisdiction in Sosa v. Alvarez-Machain (2004), limiting claims to violations of clearly established international norms. The Cisco majority went further and overruled Sosa entirely, holding that no ATS claims may be heard in federal court.
The ruling closes a 46-year chapter in US human rights litigation. Future civil claims for overseas abuses involving US corporations — including torture, forced labor, and extrajudicial killings — will depend on the narrower TVPA (limited to torture and extrajudicial killing, and only against individuals) or on foreign law. The decision extends the Roberts Court's documented pattern of eliminating federal judicial remedies for civil rights violations, removing an available accountability mechanism without formally repealing the statute.
Why we recorded this
The Alien Tort Statute, enacted in 1789 and opened to human rights litigation by Filartiga v. Pena-Irala in 1980, had served for 46 years as the primary US civil legal vehicle for holding corporations and individuals accountable for torture, forced labor, and extrajudicial killings committed abroad. By categorically overruling Sosa v. Alvarez-Machain and eliminating all ATS jurisdiction, the Supreme Court's conservative majority removed the most significant federal judicial accountability mechanism for overseas human rights abuses, continuing a documented pattern of narrowing civil rights enforcement avenues in federal courts.
Sources
- Slip opinions — October Term 2025 — Supreme Court of the United States primary accessed June 25, 2026
- Supreme Court Closes the Door on the Alien Tort Statute — Just Security primary accessed June 25, 2026
- Seeking Justice the Day After SCOTUS Killed the Alien Tort Statute — Just Security secondary accessed June 25, 2026
See also
- Supreme Court declined to review 8th Circuit ruling barring private enforcement of VRA Section 208 in seven states
- Supreme Court ruled 6-3 that criminal suspicion alone justifies immigration parole of lawful permanent residents
- Supreme Court ruled 6-3 Medicaid patients cannot sue to enforce free-choice-of-provider, clearing path to exclude Planned Parenthood
- Supreme Court ruled 6-3 district courts cannot issue nationwide injunctions, eliminating key civil rights enforcement tool
- Federal panel blocks Alabama's GOP congressional map as intentional racial discrimination
