Matimak Trading Co. v. Albert Khalily, D/B/A Unitex Mills, Inc., and D.A.Y. Kids Sportswear Inc.

In the waning days of the United Kingdom’s sovereignty over Hong Kong, the majority’s holding is a death knell for Hong Kong corporations seeking access to our federal courts under alienage jurisdiction. Because I believe the failure to recognize Hong Kong as a “foreign state” or as a “citizen or subject” of the United Kingdom—at this critical juncture—is contrary to the purposes of alienage jurisdiction—I respectfully dissent.

As Dorothy said in the Wizard of Oz: “if I ever go looking for my heart’s desire ... I won’t look any further than my own backyard.” This applies with equal force when…