“Having read the argument transcripts in Kiobel and Lozman, SCOTUS’ early-term jurisdictionality cases, I am somewhat at a loss. Nothing in either case should have had anything to do with jurisdiction. The arguments both seemed rife with the mixing of jurisdiction and cause of action that I thought the Court had cleaned up fairly well over the past several years. And I am a bit worried that these cases will muck things up a bit.” Florida International University College of Law Professor Howard Wasserman, discussing the first cases argued in the new term before the U.S. Supreme Court, including Kiobel v. Royal Dutch Petroleum Co. According to Wasserman, the re-argument in Kiobel did not focus on jurisdiction v. merits; rather, the “discussion was largely about what international norms are.”
Concurring Opinions, October 3, 2012.