The next Citizens United, in the view of some of that decision’s most vigorous critics, may have nothing to do with campaign finance or the First Amendment. Nor is it a case involving corporations seeking to spend money. In this instance, they seek to avoid doing so by arguing that they have no liability under a 1789 statute for torts committed abroad in violation of international law or U.S. treaties.
The case, Kiobel v. Royal Dutch Petroleum Co., involves the Alien Tort Statute (ATS). It was argued on February 28 in tandem with Mohamad v. Palestinian Authority, which raises a similar question involving claims against entities under a different statutethe Torture Victim Protection Act.
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