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Cite as: 599 U. S. ____ (2023)
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Alito, J., dissenting

these cases, however; we are also risking significant harm, particularly to the uniformity of our case law. A thrust of our international-comity jurisprudence is that we should not lightly give foreign plaintiffs access to U. S. remedial schemes that are far more generous than those available in their home nations. See RJR Nabisco, 579 U. S., at 347–348; F. Hoffmann-La Roche Ltd v. Empagran S. A., 542 U. S. 155, 166–167 (2004). In light of RICO’s unusually plaintiff-friendly remedies, that concern applies in spades here. See RJR Nabisco, 579 U. S., at 348. But in today’s decision, the Court countenances that the plaintiff’s residence may play no role at all in the civil RICO extraterritoriality inquiry. The Court justifies this result with the assertion that favoring U. S. plaintiffs’ access to American courts over that of foreign plaintiffs “runs its own risks of generating international discord,” ante, at 13, a concern that the Court directly rejected in RJR Nabisco, see 579 U. S., at 361 (Ginsburg, J., dissenting in relevant part).

Additionally, we have placed a premium on workability in our extraterritorial-application cases. The Court acknowledges that a bright-line rule would be preferable here, but essentially shrugs: RICO is too “nuanced” for that. Ante, at 10, 13. Our cases do not let us off the hook so easily. Compare Morrison v. National Australia Bank Ltd., 561 U. S. 247, 258–259 (2010) (“There is no more damning indictment of the [Second Circuit’s] ‘conduct’ and ‘effects’ tests than the Second Circuit’s own declaration that ‘the presence or absence of any single factor which was considered significant in other cases … is not necessarily dispositive in future cases’ ”), with ante, at 10 (“[N]o set of factors can capture the relevant considerations for all cases”).

Perhaps there is a reason why RICO justifies these departures from our customary rules, but I have no confidence in reaching that conclusion now (let alone sub silentio). RJR Nabisco was relatively recent, and there have been