The Supreme Court on Tuesday appeared skeptical of a lawsuit by Falun Gong members who claim Cisco Systems Inc. helped the Chinese government create an internet censorship program enabling surveillance and harm against the spiritual movement. The case, Cisco Systems Inc. v. Doe, has been winding through courts since its initial filing in 2011.

Justices raised separation-of-powers concerns, with Justice Brett Kavanaugh questioning whether courts—rather than the executive branch or Congress—should handle such allegations of international human rights abuses. The Trump administration has backed Cisco, with Deputy Solicitor General Curtis Gannon arguing lower courts have been "too permissive" in allowing these lawsuits to proceed.

The legal battle centers on the Alien Tort Statute, a 1789 law permitting foreign nationals to sue in U.S. courts for violations of international law. Falun Gong practitioners allege Cisco designed a surveillance system in its U.S. offices that helped identify and torture practitioners in China. A decision is expected by late June or early July.