Roger Alford at Opinio Juris observes the paucity of cases involving international law issues in the new Supreme Court term, speaking of First Monday. There are two – outlined at the link – an immigration case and the “birthplace on passport” case that has occasionally surfaced here at Volokh. In broader international or foreign relations law terms, they don’t amount to much. I imagine, however, that looming not so far down the road is a new Supreme Court case on the Alien Tort Statute, given the circuit split on some important ATS questions. Meanwhile, this term:
The Supreme Court has an incredibly thin diet for international law cases this term. No blockbuster cases, no major questions of international law, no issues addressing executive power in the foreign affairs arena. Thin, thin, thin.
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