Enemy of Mankind

Should the U.S. Supreme Court be the court of the world? In the 18th century, two feuding Frenchmen inspired a one-sentence law that helped launch American human rights litigation into the 20th century. The Alien Tort Statute allowed a Paraguayan woman to find justice for a terrible crime committed in her homeland. But as America reached further and further out into the world, the court was forced to confront the contradictions in our country’s ideology: sympathy vs. sovereignty. Earlier this month, the Supreme Court heard arguments in Jesner v. Arab Bank, a case that could reshape the way America responds to human rights abuses abroad. Does the A.T.S. secure human rights or is it a dangerous overreach?

Additional music for this episode by Nicolas Carter.

Special thanks to William J. Aceves, William Baude, Diego Calles, Alana Casanova-Burgess, William Dodge, Susan Farbstein, Jeffery Fisher, Joanne Freeman, Julian Ku, Nicholas Rosenkranz, Susan Simpson, Emily Vinson, Benjamin Wittes and Jamison York. Ken Saro-Wiwa Jr., who appears in this episode, passed away in October 2016.

Supreme Court archival audio comes from Oyez®, a free law project in collaboration with the Legal Information Institute at Cornell.

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