Melissa Stewart

@melissastewart.bsky.social

Assistant Professor of Law University of Hawai'i at Mānoa, William S. Richardson School of Law Public International Law | Human Rights | Statelessness | Int’l Environmental Law https://law.hawaii.edu/people/melissa-stewart/

The ICJ will hold public hearings on preliminary objections in Nicaragua v. Germany on September 7-10. Nicaragua alleges that Germany is complicit in genocide and failed to ensure respect for IHL in Gaza. Germany argues the claims are inadmissible because Israel is an 'indispensable third party'.

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Come work with me! We’re hiring in law and technology, cybersecurity law, AI law, IP law, national security law, and international law, as well as other areas!

Jennifer Oliva@jennoliva.bsky.social · 2w ago

@iumaurerlaw.bsky.social seeks to hire several TT law professors this academic year & welcomes entry-level & lateral candidates. Our hiring details and the application portal is available here: indiana.peopleadmin.com/postings/33776. Our committee would love to hear from interested candidates.

One of my first real concerts was seeing The Frames at the Black Cat in 2005. Glen Hansard blew my mind. I played his album Rhythm and Repose on repeat for years whenever I needed comfort in the form of song. And when I had a small band in the Berkshires, Falling Slowly was a go to cover.

In Cisco, #SCOTUS not only (unpersuasively) eviscerated the Alien Tort Statute, but it effectively neutered a 22-year-old precedent for no other reason than that the Republican appointees disagree w/ it. Today’s “One First” goes deep into the ruling—and why stare decisis is really *is* for suckers:

240. The Rise and Fall of the Alien Tort Statute

The Court's June 23 ruling in Cisco was significant not only for what it means for human rights accountability, but for the justices' approach to stare decisis.

stevevladeck.com

On Tuesday, the full Fifth Circuit granted DOJ's request for a "precedential stay" of district court rulings holding that the Due Process Clause requires bond hearings for immigration detainees w/in 90 days of their arrest. Today's "One First" explains why that's a really big (and problematic) deal:

Bonus 239: The Fifth Circuit's "Precedential Stay" in Sosnava Rodriguez

The Fifth Circuit once again did the government's bidding on immigration detention—this time through an unexplained procedural move I've never seen before.

stevevladeck.com

Jon Finer, Biden’s deputy national-security adviser said that, for both Hamas and Israel, “civilian harm was not a side effect but part of the strategy.” The U.S., he said, “shouldn’t tolerate wars in which civilian harm is a goal, [or] allow our weapons to be used for that purpose.”

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The New Yorker@newyorker.com · 2w ago

Top officials from the previous Administration now express regret over their failure to rein in Netanyahu. www.newyorker.com/magazine/202...

Yesterday the US Administration supercharged its explicit effort to bar international students from staying in the US after graduation. All Americans should know: 1/3 of *all* STEM PhDs working in the US are immigrants who graduated from US universities, then stayed. www.piie.com/index%2Ephp/...

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BREAKING: in June 2026, *every single one* of the 1,062 refugees admitted in the U.S. were white South Africans. In FY 2026, the U.S. has admitted a total of 7,727 white South Africans, three Afghans (back in November), and nobody else. For reference, the U.S. admitted 100,060 refugees in 2024.

rpc.state.gov

Alex Ip 葉清霖@alexip718.com · 2mo ago

BREAKING: in May 2026, *every single one* of the 599 refugees admitted in the U.S. were white South Africans. In FY 2026, the U.S. has admitted a total of 6,665 white South Africans, three Afghans (back in November 2025), and nobody else. For reference, the U.S. admitted 100,060 refugees in 2024.

Happy 4th to you + yours. Did you know the colonists were BIG MAD at King George III over migration & citizenship issues to the point that these end up as enumerated line items in the Declaration of Independence? Drawn from the colonial chapter of Migration & the Origins of American Citizenship.

What the Declaration of Independence Said About Migration and Citizenship — Anna O. Law

The Declaration of Independence is essentially a list of colonial grievances against King George III and enumerated reasons why the colonists were breaking away from Britain. I’ve described it to my s...

annaolaw.com

If "domicile" is what matters, what about two U.S. citizens domiciled in Europe who fly back to the U.S. to have a baby. Is their baby a birthright citizen under the 14th Amendment, or only thanks to "jus sanguinis" laws passed by Congress? These and many other questions go unanswered by Thomas.

Paul Gowder@gowder.io · last mo.

is Justice Thomas going to bother explaining how this logic works with things like the U.S.’s infamous policy of inflicting extraterritorial taxation on its citizens who live abroad?

I think a lot of people underestimate how complicated life could get if your birth certificate wasn't accepted as prima facie evidence of US citizenship, absent some new federal bureaucracy that vetted and registered qualified births.

Early last year, I wrote about what I called the "rule-of-law" split on the Supreme Court—where Chief Justice Roberts and Justice Barrett joined the three Democratic appointees in 5-4 rulings. Cook was an example of this yesterday; the Fourteenth Amendment holding in Barbara is a bigger one today.

And a lest we forget Justice Kavanaugh writes separately because while he agrees with the judgment in this case that Trump cannot change birthright citizenship by EO, he believes that Congress can by statute create exceptions to birthright citizenship that would mirror the provisions of Trump’s EO.

I am stunned that the constitutional question was so close. I thought it would be 6–3 or 7–2. It is profoundly disturbing that four justices would allow either the president or Congress to rewrite the plain text of the 14th Amendment. This is obviously a good outcome, but the margin is alarming.

Donald Trump came one vote away from getting the Supreme Court to say that the 14th Amendment does not guarantee birthright citizenship for the children of undocumented and temporary immigrants, a view held only by fringe far-right nativists until VERY recently. This is shocking. I am stunned.

2 more thoughts on birthright: 1. The movement to overturn Roe and Humphrey's Executor was built over decades. It took an enormous amount of effort to manufacture that sense of scholarly viability (see: Teles, Hollis-Brusky). The right got 5-4 on birthright with a sloppy last-minute scramble

With this ruling, the birthright issue is not going away. The right hasn't really begun *organizing* around getting rid of the citizenship clause. Like Roe, this will be their fight for a generation. And if the Democrats just say "we won" and ignore it, like Roe, the Republicans will eventually win.