“Katyal’s arguments had a surprisingly chilly reception at the Supreme Court on Tuesday. Justice Clarence Thomas, no friend of the ATS, noted that while “there may not be an international norm” allowing corporate liability, the plaintiffs say there is an international norm against slavery. Katyal retorted: “I think that the norm that they’re asserting is not child slavery, but aiding and abetting child slavery.” And the plaintiffs “have not a single case” that holds there is an international norm against such conduct.”
I found one: https://slate.com/news-and-politics/2020/12/neal-katyal-supreme-court-nestle-cargill-child-slavery.html
“Katyal’s arguments had a surprisingly chilly reception at the Supreme Court on Tuesday. Justice Clarence Thomas, no friend of the ATS, noted that while “there may not be an international norm” allowing corporate liability, the plaintiffs say there is an international norm against slavery. Katyal retorted: “I think that the norm that they’re asserting is not child slavery, but aiding and abetting child slavery.” And the plaintiffs “have not a single case” that holds there is an international norm against such conduct.”