Matimak Trading Co. v. Khalily: The framers dishonored

In The Federalist Number 80, Alexander Hamilton listed the various contexts into which the authority of the federal judiciary extends. History reveals the Framers' true appreciation for the importance of settling cases between "a State, or the Citizens thereof, and foreign States, Citizens or Subjects," within the federal judicial forum. In today's global economy, this particular intention of the Framers' has taken on an added significance. To encourage continued foreign investment and interaction with the US business enterprise, the right of access to the impartial federal judiciary, provided by alienage jurisdiction, must be upheld. However, a recent decision of the US Court of Appeals for the Second Circuit, Matimak Trading Co. v. Khalily, threatens to eliminate the availability of the federal forum in circumstances for which alienage jurisdiction was created.