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This morning at the Supreme Court, @neal_katyal defended two U.S. corporations accused of aiding and abetting child slavery overseas. The question is whether alleged victims can sue these corporations for overseas crimes in U.S. courts. I’ll post a few notable exchanges.
First: Clarence Thomas (!) asks Katyal, isn’t there an international norm allowing corporate liability for slavery? Katyal says: Well, this is just *aiding and abetting* slavery, so it’s different.pic.twitter.com/Tf72y4TKU7
Second, Kagan asks Katyal: Can a former child slave can sue ten slaveholders as individuals? Katyal says yes. Kagan asks: Can a former child slave sue those ten slaveholders if they form a corporation? Katyal says no. Kagan asks: How does that make any sense?!pic.twitter.com/P0ZXrvSC0A
Third, Alito (!) asks Katyal: If a U.S. corporation hired foreign agents to kidnap children and hold them in bondage on a plantation in Africa, could those children sue the corporation in U.S. courts under this law? Katyal says: Nope.pic.twitter.com/WWcj9oPjrH
The two U.S. corporations accused of slavery in this case are @Nestle and @Cargill.
Here's the terrific amicus brief by @oonahathaway that Justice Kagan cited. https://www.supremecourt.gov/DocketPDF/19/19-416/158257/20201020152223772_40153%20pdf%20Hathaway.pdf …
And you can listen to arguments here: https://www.c-span.org/video/?477430-1/alien-tort-statute-consolidated-arguments&live&vod …
Big Law attorneys with a progressive pro bono practice are still Big Law attorneys.https://slate.com/news-and-politics/2020/12/neal-katyal-supreme-court-nestle-cargill-child-slavery.html …
Oh my god.
The abolition bill of 1807 outlawed it in the Commonwealth, if you want to go all foundational 'international norms'
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wtf?