Supreme Court narrows Alien Tort lawsuits in Cisco human-rights case
On June 23, 2026, the Supreme Court ruled in Cisco v. Doe that ATS can’t create new private rights and the TVPA won’t reach aiding-and-abetting.
On June 23, 2026, the U.S. Supreme Court issued a decision that narrows how foreign plaintiffs can use two federal statutes— the Alien Tort Statute (ATS) and the Torture Victim Protection Act (TVPA)— to sue for certain alleged overseas human-rights abuses.
In Cisco Systems, Inc. v. Doe (No. 24-856), the Court reversed the Ninth Circuit and made two core rulings: (1) federal courts may not create new private causes of action under the ATS for violations of international law, and (2) the TVPA’s civil remedy—tied to conduct where someone “subjects” another to torture—does not extend to aiding-and-abetting liability under the theory the plaintiffs advanced.
What the lawsuit alleged
The plaintiffs alleged that Cisco’s surveillance-related technology was connected to government persecution in China, including claims framed around religious persecution. Their case relied on the ATS and the TVPA, including theories aimed at reaching a company based on its role in alleged harm carried out through third-party conduct.
The ATS ruling: no court-invented private right
The Supreme Court said ATS litigation can’t be expanded by judicially creating a brand-new private right of action for international-law violations when Congress has not authorized that type of lawsuit. In practical terms, plaintiffs can still raise claims that fit within existing statutory limits, but courts are bound by the Court’s instruction not to add new ATS causes of action through interpretation.
The TVPA ruling: “subjects” doesn’t mean aiding-and-abetting
The Court also focused on the TVPA’s express civil cause of action and the statute’s “subjects” wording. It held that this language does not support the aiding-and-abetting theory the plaintiffs sought to use to reach liability for alleged third-party complicity.
What “reversed and remanded” means next
This is not the end of the case “on the merits” in a single step. Because the Supreme Court reversed and remanded, the lower court must revisit the remaining claims and apply the Supreme Court’s clarified limits on ATS private-right creation and TVPA aiding-and-abetting theories.
Why this matters nationally for future lawsuits and accountability
For foreign plaintiffs and their lawyers, the decision is a major narrowing of courthouse paths for overseas human-rights theories built on (a) ATS claims that depend on courts recognizing new private rights, and (b) TVPA theories that try to reach liability for assistance or complicity when the statute’s “subjects” framework does not cover that theory. For companies facing similar allegations, it strengthens arguments that these specific ATS/TVPA pleading routes must be dismissed under the Supreme Court’s interpretation.
Sources
- U.S. Supreme Court (Slip Opinion): Cisco Systems, Inc. v. Doe (No. 24-856)
- Associated Press explainer on what the ruling changes for the lawsuit
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