...exalted the so-called statutory “presumption against
extraterritoriality,” a trend the current Court strengthened in its recent Kiobel decision. Justice Blackmun’s compelling dissent skewered the majority, underscoring not only that the text and meaning of the INA and Refugee Convention were simple and crystalline—“Vulnerable refugees shall not be returned”—but also that that object and purpose would be entirely thwarted if those legal obligations did not apply
extraterritoriality to protect fleeing refugees. Looking back, Justice Stevens’ decision is most striking for its frank and admirable acknowledgement of the “moral weight “ of...