28 Feb Kiobel and Mohamad Oral Argument Transcripts
… from this morning’s hearing: Kiobel and Mohamad. I would be curious as to readers’ prognostications of how the Justices will rule based on the oral arguments today. (Thanks for comments, interested in more. For example, where did this extraterritoriality question suddenly materialize from and does it portend something different from what was originally thought? You can also see John Bellinger’s take on the argument at Lawfare.)
Update: Reading the transcripts more carefully, as well as Chimene Keitner’s thoughtful post above, I recall that in some blog post somewhere a few year ago – my old blog, OJ, Volokh, I don’t even remember – I said that the problem of corporate liability and that ATS was that in order to get the international law predicate going, “you needed not just a what but a who.” I assumed that this would be an issue in the oral argument; like lots of other folks, I didn’t anticipate that extraterritoriality would figure in any significant way.