On February 28, 2025, WLF asked the U.S. Supreme Court to review, and ultimately to overturn, an appeals court decision that would allow activists to impose liability on U.S. entities for aiding and abetting a third-party’s alleged human rights violations overseas. In its brief urging review, WLF contends that the Ninth Circuit, by permitting such suits to proceed, has disregarded both the Constitution’s and the Supreme Court’s crucial limits on a federal court’s ability to imply a new cause of action under the ATS. As WLF’s brief shows, whether the ATS implicitly supplies a remedy for aiding and abetting is a decision best left to Congress, not the Judiciary.
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