Apr 15, 2009

Justice Ginsburg defends use of foreign law

Supreme Court Justice Ruth Bader Ginsburg (pictured) doesn’t understand all the fuss lately from Congress and even from some of her own colleagues about referring to foreign law.

The following Jusices oppose the citation of foreign law in constitutional cases:

Chief Justice John Roberts

Justice Samuel Alito

Justice Antonin Scalia

Justice Clarence Thomas

Chief Justice Roberts said at his confirmation hearing:

If we’re relying on a decision from a German judge about what our Constitution means, no president accountable to the people appointed that judge and no Senate accountable to the people confirmed that judge, and yet he’s playing a role in shaping the law that binds the people in this country.

It is puzzling why any U.S. Supreme Court Justice would even consider foreign law when deciding constitutional cases. However, that is no more puzzling than why so many liberal activist Circuit Court Judges are prone to legislate from the bench rather than interpret the law.

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