Legal News for Mon 4/27 - Cisco ATS Fight, Bayer Roundup Appeal, Musk vs. OpenAI and WHCD Shooter in Court

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Legal News for Mon 4/27 - Cisco ATS Fight, Bayer Roundup Appeal, Musk vs. OpenAI and WHCD Shooter in Court

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This Day in Legal History: Lincoln Suspends Habeas CorpusOn April 27, 1861, President Abraham Lincoln authorized military officials to suspend the writ of habeas corpus along the rail lines between Philadelphia and Washington, D.C. The order came in the opening weeks of the Civil War, when Washington was vulnerable, Union troops were moving through hostile territory, and federal officials feared sabotage and rebellion along critical transportation routes.Habeas corpus is one of the oldest protections in Anglo-American law, allowing a detained person to demand that the government justify their imprisonment before a court. By suspending it, Lincoln allowed military authorities to detain certain people without immediately producing them for judicial review. The legal problem was that the Constitution says habeas corpus may be suspended “when in cases of rebellion or invasion the public safety may require it,” but it does not clearly say which branch of government may do the suspending.Lincoln argued that the rebellion created an emergency that required swift executive action. Critics argued that the suspension power belonged to Congress, not the president, because the Suspension Clause appears in Article I, the part of the Constitution dealing mostly with legislative powers. The conflict soon came to a head in Ex parte Merryman, after John Merryman, a Maryland secessionist, was arrested by military authorities and denied ordinary habeas review.Chief Justice Roger Taney, sitting as a circuit judge, ruled that Lincoln had exceeded his constitutional authority and that only Congress could suspend the writ. Lincoln did not comply with Taney’s order, maintaining that the survival of the Union justified extraordinary action. Congress later gave statutory support for wartime habeas suspension, but the controversy over Lincoln’s initial action has remained central to debates over presidential power, civil liberties, and constitutional government during crisis.The U.S. Supreme Court is set to hear a case involving Cisco Systems and the Alien Tort Statute, focusing on whether U.S. companies can face liability for allegedly helping foreign governments commit human rights abuses. The case comes from Falun Gong practitioners who claim Cisco built surveillance tools for China’s “Golden Shield” program that helped officials identify, detain, torture, and persecute members of the religious movement. A federal district court dismissed the case, but the Ninth Circuit revived much of it in 2023, finding the plaintiffs had plausibly alleged that Cisco aided and abetted violations of international law. Cisco argues that the Ninth Circuit improperly expanded the Alien Tort Statute by recognizing aiding-and-abetting liability even though Congress did not expressly create that cause of action. The company says the ATS was originally meant to cover only a narrow set of claims, such as piracy, violations of safe conduct, and harms to ambassadors. Cisco also relies on Supreme Court precedent to argue that courts should not create secondary liability unless Congress clearly authorizes it.The Falun Gong plaintiffs respond that aiding-and-abetting liability has long been part of international law and is especially important when serious abuses require technology, infrastructure, or corporate support. They argue that torture, extrajudicial killing, disappearances, and prolonged arbitrary detention are already recognized as serious international-law violations that can support ATS claims. Business groups and the federal government warn that expanding ATS liability could chill foreign investment and interfere with U.S. foreign relations by forcing American courts to judge the conduct of foreign governments. Supporters of the plaintiffs argue that corporate accountability can discourage companies from profiting from foreign repression and can promote fair competition for businesses that follow human rights standards. The Supreme Court’s ruling could shape how much legal risk U.S. companies face when selling technology or services to governments accused of human rights abuses.Justices To Focus On Alien Tort Statute In Cisco Spying CaseThe U.S. Supreme Court is hearing Bayer’s attempt to limit or end a large wave of lawsuits over Roundup, the weedkiller Bayer acquired when it bought Monsanto in 2018. The case involves John Durnell, a Missouri man who won a $1.25 million jury verdict after claiming years of Roundup exposure contributed to his non-Hodgkin lymphoma. Bayer argues that federal pesticide law should block state-law failure-to-warn claims because the Environmental Protection Agency has approved Roundup labels without a cancer warning. The company says EPA approval shows the product was not legally “misbranded” and that Bayer could not substantially change the label without agency approval. Durnell’s lawyers argue that EPA registration does not make the label immune from challenge and that Missouri warning ...

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