“This is a case where all of the parties are citizens of a foreign country, and the incidents took place in a foreign country,” Haley argued. He also pointed out that the TVPA does not cover attempted crimes.
Justice Stephen Breyer, visiting the court for this case, expressed concerns about the potential for overly broad application of the TVPA. He referenced his earlier concerns in the 2004 Sosa v. Alvarez-Machain case, which involved a civil lawsuit stemming from the kidnapping and later extradition of a person involved in the death of a U.S. federal agent in Mexico. Breyer suggested that the court must take international norms into account, but noted that these norms were not always clear.
Judge Sandra Lynch cited concerns raised by the U.S. Department of Justice and the State Department when the TVPA was enacted. These concerns suggested that if the law were extended to include claims for attempted murder or lesser forms of violence, it might conflict with the Convention Against Torture and international law.
