Sosa v. Alvarez-MacHain — Breyer, J., Concurring

Summary

Justice Breyer concurred in part and in the judgment, agreeing with the Court's approach to the Alien Tort Statute (ATS) while emphasizing international comity as a critical consideration. He argued that ATS jurisdiction should be consistent with comity principles to respect the sovereign rights of other nations. Although he noted consensus exists for universal jurisdiction over crimes like genocide and torture, he found no similar procedural consensus supporting a claim for arbitrary arrest. In separate opinions, Justice Scalia rejected discretionary judicial lawmaking power to create ATS causes of action and Justice Ginsburg separately concurred in the judgment on the FTC claims under the foreign-country exception.