In the Rio Tinto case the majority on the 9th Circuit decided there was nothing wrong with, in essence, punting the case to mediation while they decide whether they even have jurisdiction to hear it.
But then in 2010, the Second Circuit (which along with the Ninth Circuit has handled the great majority of ATS cases) ruled 2-1 in Kiobel that the ATS is inapplicable to corporations.
Myriad objects to the comparison of the gene sequences with a branch or an apple off of a tree, and its lawyers convinced a majority of the judges on the Federal Circuit to agree.
The 6-3 majority opinion upheld a Ninth U.S. Circuit Court of Appeals decision that had declared unconstitutional the Stolen Valor Act, a 2006 statute Congress passed "to protect the reputation and meaning" of military honors.
The five conservative justices who were in the majority in Bush v Gore might see it as a chance to rebuke the three judges from the Ninth Circuit, which is decidedly liberal and is said to have more of its rulings overturned than any other federal circuit.