Comity:
The legal principle that political entities (such as states, nations, or courts from different jurisdictions) will mutually recognize each other’s legislative, executive, and judicial acts. The underlying notion is that different jurisdictions will reciprocate each other’s judgments out of deference, mutuality, and respect.
In Constitutional law, the Comity Clause refers to Article IV, § 2, Clause 2 of the U.S. Constitution (also known as the Privileges and Immunities Clause), which ensures that “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” [Wex Legal Dictionary]
Noted in “Analysis of Microsoft-Ireland Supreme Court Oral Argument,” Andrew Keane Woods, Lawfare:
I would be surprised if the justices divide along ideological lines. Justice Sonia Sotomayor seemed most persuaded by Microsoft’s position, and Justice Neil Gorsuch expressed some sympathy too—suggesting that the government’s position was to “ignore” the extraterritorial aspects of the case. But Justice Stephen Breyer may be inclined to rule the other way. He suggested that magistrate judges ought to be able to issue warrants for foreign-held data as long as they take account of comity concerns—factors like whether another state has a legitimate interest in the data’s disclosure.
