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Citing Foreign Law [WaPo criticises Justice Ginsburg]
The Washington Post ^ | March 21, 2006 | Opinion Column

Posted on 03/21/2006 5:46:04 AM PST by Cboldt

IN A SPEECH last month at the Constitutional Court of South Africa, Justice Ruth Bader Ginsburg made some unfair insinuations about critics of the use of foreign law in American courts. Justice Ginsburg was defending what is, in our view, a perfectly defensible proposition: that American courts should "learn from legal systems with values and a commitment to democracy similar to our own." Yet in doing so, she managed to link those who take an opposing view to the legacies of slavery and apartheid and to paint them as "fuel[ing] the irrational fringe" in its threats against judges. ...

... Justice Antonin Scalia offers some reasonable criticisms of how the court has used foreign precedents -- that is, selectively, when foreign law supports results that the court cannot justify based on American authorities alone. ...

One doesn't have to agree, in other words, that foreign law has no place in American courts to worry that courts are using foreign law too politically. And one doesn't need to be Chief Justice Taney -- or a South African racist or an aspiring domestic terrorist -- to believe that it would be better if courts did not interpret America's founding documents in light of foreign authorities that postdate them. Justice Ginsburg has a strong case to make without stooping to such insinuations.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Government
KEYWORDS: foreignlaw; ginsburg
A lukewarm criticism of the use of foreign precedents, but criticism nonetheless.

A "smack on" criticism of outcome based (result oriented) jurisprudence.

1 posted on 03/21/2006 5:46:06 AM PST by Cboldt
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To: Cboldt
All the SCJ's and former SCJ's (as in O'Conner) should re-read early American history. The reason we had the American Revolution was to get away from foreign laws.

[Amazing that these people get appointed to the high courts and go stupid.]
2 posted on 03/21/2006 5:49:19 AM PST by TomGuy
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To: Cboldt

Justice Ginsberg doesn't have to stoop to her insinuations, she begins from a low point in all her thinking.


3 posted on 03/21/2006 5:52:12 AM PST by OldFriend (HELL IS TOO GOOD FOR OUR MAINSTREAM MEDIA)
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To: Cboldt



The Founders would have had her shot.


4 posted on 03/21/2006 5:52:22 AM PST by msnimje (SAMMY for SANDY --- THAT IS WHAT I CALL A GOOD TRADE!!!)
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To: msnimje
The Founders would have had her shot.

I doubt it. They would have impeached her, an action that is about as likely in today's climate and with today's gutless Congress as taking the more extreme measure that you are joking about.

5 posted on 03/21/2006 6:05:24 AM PST by Cboldt
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To: Cboldt
Has Justice Ginsburg consulted Zimbabwe law? Is that where she came up with her notions about eminent domain?

She might want to check out North Korean, Saudi, and Iranian law while she's at it. I'm sure she'll pick up some ideas there.

Oh! And what about law from the past? Cambodian law under President Pot? German law under President Hitler? Soviet law under Premier Stalin?

There's an abundance of source material out there. Get Busy, Ruthie. There's no limit to the ideas you can glean!

6 posted on 03/21/2006 6:08:09 AM PST by Savage Beast (The Democrat Party: The Party of S & M (Sociopaths and Morons))
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To: Savage Beast

She is an idiot.


7 posted on 03/21/2006 7:24:32 AM PST by MonroeDNA (Look for the union label--on the bat crashing through your windshield!)
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To: MonroeDNA; Cboldt

She should be impeached. So should the other "Justices" responsible for the recent eminent domain decision, just as the "Justices" who handed down the Dred Scott and Plessy v. Ferguson decisions should have been impeached.


8 posted on 03/21/2006 7:42:53 AM PST by Savage Beast (The Democrat Party: The Party of S & M (Sociopaths and Morons))
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To: Cboldt

Nothing wrong with elected members of the legislature looking to foreign law for guidence in making US law. But there is by definition something very wrong with unelected judges looking at foreign law and imposing it by fiat on Americans. Very wrong. The job of Congress is to look at "could be". The job of judges is to only rule on "what is".


9 posted on 03/21/2006 8:13:59 AM PST by Ditto
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