Anthony J. Bellia

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Anthony J. Bellia Jr. is the O’Toole Professor of Constitutional Law at Notre Dame Law School.

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Alien Tort Statute

Justice Gorsuch is Right: Jesner and the Original Meaning of the Alien Tort Statute

On Oct. 11, the Supreme Court heard arguments in Jesner v. Arab Bank. Jesner involves whether the Alien Tort Statute (ATS) allows federal courts to exercise jurisdiction over claims by aliens against corporations. As originally enacted in Section 9 of the Judiciary Act of 1789, the ATS provided that “the district courts ... shall ... have cognizance ...