also overcome the presumption in particular ATS cases: “claims that touch and concern the territory of the United States . . . with sufficient force to displace the presumption against
extraterritoriality.” The Court’s new presumption—which is, in effect, a “presumption against recognition of
extraterritorial causes of action under the ATS”—thus appears to be different from the standard Morrison-style presumption against
extraterritoriality in at least three ways: (1) the presumption’s coverage (the new presumption applies narrowly to recognition of
extraterritorial causes of action by federal courts under the ATS, whereas the...