Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Who Is Harold Koh?
IBD Editorials ^ | March 31, 2009

Posted on 03/31/2009 5:49:09 PM PDT by Kaslin

Law: President Obama's nominee for State Department legal adviser could be a future Supreme Court pick. He believes U.S. law should be based on foreign precedent, and even Shariah law could find a home here.


We have commented many times on the opinion of a number of U.S. Supreme Court justices that American jurists should include foreign law and precedent in their decisions. In several prominent cases, this has already happened.

In a speech in South Africa, Justice Ruth Bader Ginsburg called the March 2005 Roper v. Simmons decision, in which a 5-4 majority ruled against executing murderers who were 17 or younger, "perhaps the fullest expressions to date on the propriety and utility of looking to the 'opinions of (human)kind.' "

More recently, Justice Stephen Breyer said: "We see all the time . . . how the world really . . . is growing together. The challenge (will be) whether our Constitution . . . fits into the governing documents of other nations." Whether our Constitution fits?

Agreeing with Ginsburg and Breyer is one Harold Koh, a former dean of Yale Law School who's been nominated by President Obama to be the State Department's legal adviser. He's an advocate of what he calls "transnational legal process" and argues that the distinction between U.S. and international law should vanish.

Koh believes laws of places like Zimbabwe and Sri Lanka should carry equal weight with the laws of Virginia and South Dakota, and that it's "appropriate for the Supreme Court to construe our Constitution in the light of foreign and international law" in its decisions.

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


TOPICS: Constitution/Conservatism; Editorial; Government
KEYWORDS: bho44; bhostatedept; constitution; haroldkoh; ibd; internationallaw; koh; ruthbaderginsberg; scotus; shariah; shariahlaw; statedept; stephenbreyer; transnationalism
Navigation: use the links below to view more comments.
first 1-2021-29 next last
God hep this country
1 posted on 03/31/2009 5:49:10 PM PDT by Kaslin
[ Post Reply | Private Reply | View Replies]

To: Kaslin

agree.

you hafta wonder about today’s liberals.


2 posted on 03/31/2009 5:51:21 PM PDT by ken21 (the only thing we have to fear is fdr deja vu.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

So if a Sri Lanka judge decides its okay to carry weapons, ban abortion, imprison homosexuals and kill fox from helicopters we should use that as a precedent?


3 posted on 03/31/2009 5:56:33 PM PDT by Raycpa
[ Post Reply | Private Reply | To 1 | View Replies]

To: Abathar; Abcdefg; Abram; Abundy; akatel; albertp; AlexandriaDuke; Alexander Rubin; Allerious; ...
Koh believes laws of places like Zimbabwe and Sri Lanka should carry equal weight with the laws of Virginia and South Dakota, and that it's "appropriate for the Supreme Court to construe our Constitution in the light of foreign and international law" in its decisions.



Libertarian ping! Click here to get added or here to be removed or post a message here!
4 posted on 03/31/2009 6:05:47 PM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
[ Post Reply | Private Reply | To 1 | View Replies]

To: ken21

We’ve always had crazy people, just not this many leading our country to hell.

Koh is a nutcase. He’s more a court jester than a court leader.


5 posted on 03/31/2009 6:06:10 PM PDT by MadMax, the Grinning Reaper
[ Post Reply | Private Reply | To 2 | View Replies]

To: Kaslin

Bohica. That right friends. Ehoever Obama picks we know that the Republicans will BOHICA and allow it to happen.


6 posted on 03/31/2009 6:08:09 PM PDT by Venturer
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

Ths is good news, the last time IBD did a “Who is... “ article is was “Who is Thomas Saenz ?” andafter that he was gone.


7 posted on 03/31/2009 6:10:48 PM PDT by PMAS
[ Post Reply | Private Reply | To 1 | View Replies]

To: MadMax, the Grinning Reaper

But he’s the kind of crazy person that this adminstration sees fit to appoint to set our standards, directions and future.


8 posted on 03/31/2009 6:11:10 PM PDT by needtowakeup (-)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Kaslin

I can’t believe this is happening to our beloved USA. God save us from the Obama administration.


9 posted on 03/31/2009 6:11:47 PM PDT by BlueAngel
[ Post Reply | Private Reply | To 1 | View Replies]

To: Cindy; Velveeta; Godzilla; PGalt; null and void; LucyT; WestCoastGal; Rushmore Rocks; ...
This will make your hair stand on end ping.
Snip from article:

He also values the opinions of the world's imams. A New York lawyer, Steven Stein, says Koh in 2007 told the Yale Club of Greenwich that "in an appropriate case, he didn't see any reason why Shariah law would not be applied to govern a case in the United States."

10 posted on 03/31/2009 6:22:41 PM PDT by Oorang (Tyranny thrives best where government need not fear the wrath of an armed people - Alex Kozinski)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Oorang; Calpernia; Fred Nerks; null and void; pissant; george76; PhilDragoo; Candor7; MeekOneGOP; ..
Thanks, Oorang.

To reiterate:

He also values the opinions of the world's imams. A New York lawyer, Steven Stein, says Koh in 2007 told the Yale Club of Greenwich that "in an appropriate case, he didn't see any reason why Shariah law would not be applied to govern a case in the United States."


11 posted on 03/31/2009 6:42:49 PM PDT by LucyT
[ Post Reply | Private Reply | To 10 | View Replies]

To: LucyT

Thanks

I see another SHEET HEAD on the horizon!


12 posted on 03/31/2009 6:52:09 PM PDT by katiekins1 (Glen Beck=Oscar Winning Traitor)
[ Post Reply | Private Reply | To 11 | View Replies]

To: LucyT

Many thanks, LucyT

Ping.


13 posted on 03/31/2009 6:55:00 PM PDT by Iowan
[ Post Reply | Private Reply | To 11 | View Replies]

To: Oorang

I certainly the pubbies get a backbone and block his nomination.


14 posted on 03/31/2009 6:57:32 PM PDT by Godzilla (Galatians 4:16 So iz i ur enemi now becz i tellded u teh troof?)
[ Post Reply | Private Reply | To 10 | View Replies]

To: Oorang

Yes, he seems to be a good fit for the Obama administration.

Truly disturbing and thanks for the ping Oorang.

#

http://www.freerepublic.com/focus/f-news/2218705/posts
http://www.freerepublic.com/tag/koh


15 posted on 03/31/2009 6:59:40 PM PDT by Cindy
[ Post Reply | Private Reply | To 10 | View Replies]

To: Kaslin

The State Department has been pushing policies to make our USA a third-world failure for years. Now, Omama wants to put in Harold Koh as its legal adviser to make State an even worse swamp.

Wake up citizens, our shining city on a hill is being destroyed from within by traitors. Arise, and defend our Constitution, our republic and our freedoms.


16 posted on 03/31/2009 7:07:24 PM PDT by RicocheT
[ Post Reply | Private Reply | To 1 | View Replies]

To: LucyT

Thanks for the ping.

It just gets crazier and crazier.


17 posted on 03/31/2009 7:13:20 PM PDT by little jeremiah (Asato Ma Sad Gama Tamasi Ma Jyotir Gama)
[ Post Reply | Private Reply | To 11 | View Replies]

To: little jeremiah

does he pay his taxes? if not, everything is in place for him


18 posted on 03/31/2009 7:26:35 PM PDT by terycarl
[ Post Reply | Private Reply | To 17 | View Replies]

To: Raycpa
"So if a Sri Lanka judge decides its okay to carry weapons, ban abortion, imprison homosexuals and kill fox from helicopters we should use that as a precedent?"

As Scalia has pointed out, "foreign law" is just a pretext for trying to legitimate one's own prejudices. You can find everything you want (or don't want) in foreign law.

So what are the criteria for picking and choosing from among the laws of other nations?

19 posted on 03/31/2009 7:29:41 PM PDT by cookcounty (Obama's got Bush's inheritance .......and now he wants your kids'.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: LucyT

“....in an appropriate case, he didn’t see any reason why Shariah law would not be applied to govern a case in the United States.”

***I don’t think I’d like to know what ‘he’ would consider an appropriate case.

This is just wrong...so very wrong.


20 posted on 03/31/2009 7:32:00 PM PDT by azishot (I just joined the NRA.)
[ Post Reply | Private Reply | To 11 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-29 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson