In this clip, Justice Ginsburg’s questioning of Kathleen Sullivan illustrates how radical Royal Dutch Shell’s argument against extraterritoriality – which has now become enshrined the holding of a five-justice majority of the Supreme Court – was at oral argument. Justice Kennedy then presses the point of how clearly established the extraterritorial application of the Alien Tort Statute was before the Court’s decision in Kiobel. Even Justice Scalia seems uncomfortable with the absolute rigidity of Sullivan’s position at oral argument.