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Justice Ginsburg Backs Value of Foreign Law
NY Times ^ | April 2, 2005 | ANNE E. KORNBLUT

Posted on 04/02/2005 3:58:14 AM PST by Pharmboy

WASHINGTON, April 1 - Justice Ruth Bader Ginsburg of the Supreme Court embraced the practice of consulting foreign legal decisions on Friday, rejecting the argument from conservatives that United States law should not take international thinking into account.

After a strongly worded dissent in a juvenile death penalty case from Justice Antonin Scalia last month that accused the court of putting too much faith in international opinion, Justice Ginsberg said the United States system should, if anything, consider international law more often.

"Judges in the United States are free to consult all manner of commentary," she said in a speech to several hundred lawyers and scholars here Friday.

She cited several instances when the logic of foreign courts had been applied to help untangle legal questions domestically, and of legislatures and courts abroad adopting United States law.

Fears about relying too heavily on world opinion "should not lead us to abandon the effort to learn what we can from the experience and good thinking foreign sources may convey," Justice Ginsburg told members of the American Society of International Law.

On March 1, the Supreme Court ruled 5 to 4 that the Constitution forbids executing convicts who committed their crimes before turning 18. The majority opinion reasoned that the United States was increasingly out of step with the world by allowing minors to be executed, saying "the United States now stands alone in a world that has turned its face against the juvenile death penalty."

Justice Scalia lambasted that logic, saying that "like-minded foreigners" should not be given a role in helping interpret the Constitution. House Republicans have introduced a resolution declaring that the "meaning of the Constitution of the United States should not be based on judgments, laws or pronouncements of foreign institutions unless such foreign judgments, laws or pronouncements inform an understanding of the original meaning of the Constitution of the United States."

In her speech, Justice Ginsberg criticized the resolutions in Congress and the spirit in which they were written. "Although I doubt the resolutions will pass this Congress, it is disquieting that they have attracted sizable support," she said.

"The notion that it is improper to look beyond the borders of the United States in grappling with hard questions has a certain kinship to the view that the U.S. Constitution is a document essentially frozen in time as of the date of its ratification," Justice Ginsburg said.

"Even more so today, the United States is subject to the scrutiny of a candid world," she said. "What the United States does, for good or for ill, continues to be watched by the international community, in particular by organizations concerned with the advancement of the rule of law and respect for human dignity."

Secretary of State Condoleezza Rice introduced Justice Ginsburg at the event, the first appearance by a sitting secretary of state before the 99-year-old organization in decades. Dr. Rice described Justice Ginsberg as "a great and good friend," adding that they also happened to be neighbors.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Foreign Affairs; Government; News/Current Events
KEYWORDS: clintonlegacy; condi; constitution; criminal; filibuster; foreignlaw; getarope; ginsberg; ginsbergcountry; globalism; globalist; impeach; judicialactivism; judiciary; law; northamericaunion; oathbreaker; oligarchy; scotus; supremes; treason
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To: chickenlips
Yoda Ginsburg...LOL!

May the Schwartz be with you

121 posted on 04/02/2005 10:15:51 AM PST by Pharmboy ("Rebellion to tyrants is obedience to God")
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To: Dog Gone
Well... It was certainly no worse than my "RUTHLESS SCOTUS" comment in #107, above!!! (big beaming smile!!!)

"Pistol packin Mama... Lay that pistol down!!!"

122 posted on 04/02/2005 10:20:33 AM PST by SierraWasp (GovernMental EnvironMental Parasitic Pissants perpetually tormenting American's Progress!!!)
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To: Pharmboy

I am thinking more seriously about Saudi Arabia's approach to women's suffrage.


123 posted on 04/02/2005 10:20:54 AM PST by AmishDude (Join the AmishDude fan club: "You're a luminary!" -- Howlin; "You are a wise man." -- Torie)
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To: swordfish71
""Judges in the United States are free to consult all manner of commentary,"
No, Justice Ginsberg, you are supposed to consult the US Constitution.

Any chance she brings a Bible into her chambers?

124 posted on 04/02/2005 10:23:36 AM PST by AmishDude (Join the AmishDude fan club: "You're a luminary!" -- Howlin; "You are a wise man." -- Torie)
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To: AmishDude

About as likely as Madonna (the singer) being a virgin


125 posted on 04/02/2005 10:28:24 AM PST by swordfish71 (There is no storm like the PERFECT ROVIAN STORM!)
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To: AmishDude

;-)


126 posted on 04/02/2005 10:28:36 AM PST by swordfish71 (There is no storm like the PERFECT ROVIAN STORM!)
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To: Pharmboy
The enemy within, who Constitutionality should be impeached


127 posted on 04/02/2005 10:30:55 AM PST by Vision (When Hillary Says She's Going To Put The Military On Our Borders...She Becomes Our Next President)
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To: cbkaty
Can anyone point to any United States legislation that gives her or the court this authority?

Legislation schmegislation and the Constitution be damned! Marxists like Ginsberg and Breyer thrive on the use of raw power. Only Congress can stop her but it needs to grow some big ones. Those who refer to the Constitution as an antique document always glide right past the bothersome matter of our power to amend it.

128 posted on 04/02/2005 10:33:55 AM PST by Bernard Marx (Don't make the mistake of interpreting my Civility as Servility)
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To: Pharmboy

This scares the hell out of me. Globalists like Ginsberg will stop at nothing in their efforts to chip away American sovereignty, and far too many in this country are blind to the repercussions that will follow.


129 posted on 04/02/2005 10:44:42 AM PST by reagan_fanatic ("Darwinism is a belief in the meaninglessness of existence" - R. Kirk)
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Comment #130 Removed by Moderator

To: Pharmboy

Ginsberg should be the first judge Delay brings up for impeachment.


131 posted on 04/02/2005 11:01:17 AM PST by b4its2late (When everything's coming your way, you're in the wrong lane.)
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To: Non-Sequitur
I couldn't begin to estimate the number of Supreme Court decisions which included quotes from the writings of Sir William Blackstone in their decisions. I suppose Justice Scalia would be ripping apart Chief Justice Marshall for that as well.

Scalia attack Chief Justice Marshall? I don't know about that, but here's some Scalia quotes that might be helpful:

Here's Justice Scalia, while dissenting in Thompson v. Oklahoma. 487 US 815 (1988):

And here's Justice Scalia, while dissenting in McIntyre v. Ohio Elections Comm'n, 514 US 334 (1995):

All of the justices find occasions in which they find the laws of other nations to be supportive of their opinions/arguments. ;-)

132 posted on 04/02/2005 11:19:30 AM PST by Scenic Sounds (Sí, estamos libres sonreír otra vez - ahora y siempre.)
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To: Vision
A vision of ugliness.

133 posted on 04/02/2005 11:37:42 AM PST by demlosers (Soylent Green is made in Florida)
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To: rollo tomasi
The creature that has spawned this "attitude" is named 'Marbury vs. Madison'. The meaning of the Constitution is whatever the majority of the USSC says it is including all the legal gymnastics it takes to reach a particular decision

Excellent answer...Hats Off...thanks ROLLO T.

134 posted on 04/02/2005 11:49:03 AM PST by cbkaty
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To: joanie-f
A forest is not grown in a day.

I know; and thank you.

135 posted on 04/02/2005 1:20:13 PM PST by First_Salute (May God save our democratic-republican government, from a government by judiciary.)
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To: Pharmboy

All this hysteria about US courts consulting foreign decisions in other Western countries (i.e., Western Europe, Canada, Australia and New Zealand) is frankly silly. The tradition goes back centuries. Heck, the US got its common law from England!


136 posted on 04/02/2005 1:24:57 PM PST by Truthsayer20
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To: SierraWasp
I believe that's already been done and I've read parts of it in total, abject disgust!!!
I think I've seen parts of it posted on FR... anybody???

I don't remember seeing it. I also did a quick search and came up empty. :-(

137 posted on 04/02/2005 1:56:48 PM PST by calcowgirl
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To: Pharmboy
You know, I'd be willing to bet that "justices" like Ginsberg would only be interested in using foreign laws that she happens to agree with... For instance, isn't abortion still illegal in Ireland? Why not use that law to overturn Roe v Wade?

And I'd be willing to bet that there are plenty of laws in Saudi Arabia and other arab countries that would have Ginsberg removed from the bench altogether!

I'll bet she won't be referencing any of those laws...

Mark

138 posted on 04/02/2005 2:04:24 PM PST by MarkL (I didn't get to where I am today by worrying about what I'd feel like tomorrow!)
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To: MarkL
No she won't.

This is by far one the most disturbing things I have seen in the last year or so on FR.

It would appear at this moment that the American people are helpless to do anything.

It is becoming more and more clear that Americans no longer live under a Democracy nor a Republic. They live under an Oligarchy.

An American Expat in Southeast Asia

139 posted on 04/02/2005 2:16:19 PM PST by expatguy (http://laotze.blogspot.com/)
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To: calcowgirl

Come to think more about it... I may have seen this a decade ago when I was in office and before FR really got it's start. I'm trying to pin down in my mind when and where I saw it. I may have to call my assistant at the time. She was an excellent searcher, like you.


140 posted on 04/02/2005 2:52:14 PM PST by SierraWasp (GovernMental EnvironMental Parasitic Pissants perpetually tormenting American's Progress!!!)
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