Kiobel Will Be Reargued
Sometimes oral argument really does reflect what is going on in the Justices’ minds. The Supreme Court will hear reargument in Kiobel next term (meaning October or so).
The Supreme Court on Monday put over to its next Term a major case on lawsuits against corporations for human rights abuses in foreign countries, and ordered lawyers to come back with an expanded argument on Congress’s power to pass laws that reach overseas. The case of Kiobel v. Royal Dutch Petroleum (docket 10-1491) was heard just last Tuesday, and some of the Justices at that time questioned whether the Alien Tort Statute allowed U.S. courts to hear lawsuits for violations of international law on foreign soil. That is the issue lawyers are to address in new legal briefs due on a schedule that runs through June 29. The order is here.
So the extraterritoriality argument will get its full day in court, and maybe even aiding-and-abetting. This may be the end or the new start for the ATS.