Although they wrote separately, the four liberal Justices also voted to dismiss the lawsuit against Shell, despite allegations of Shell’s complicity in blood-curdling atrocities.
By Julian Ku & John Yoo: 4/21/2013
The Supreme Court’s unanimous decision last week to dismiss a lawsuit alleging human rights violations by Royal Dutch Shell in Nigeria is already being portrayed as a victory for big corporations over human rights victims. While the decision will allow some multinational corporations to avoid being sued in the United States for business activities overseas, the real significance of the Court’s decision is that it provides a wise example of judicial restraint and deference to the role of Congress and the President to set American foreign policy.