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Ginsburg: OK to look to foreign law for good ideas
ap ^ | 07/30/10 | ap

Posted on 07/30/2010 2:14:39 PM PDT by goldendays

Ginsburg: OK to look to foreign law for good ideas

(AP) Supreme Court Justice Ruth Bader Ginsburg says judges can look to foreign law for good ideas without diminishing their ability to apply U.S. law faithfully.

Ginsburg told a meeting of international lawyers Friday that American judges can learn from their foreign counterparts when seeking solutions to "trying questions." Ginsburg said high court nominee Elena Kagan got it right when she told senators at her confirmation hearing that she was in favor of good ideas "wherever you can get them." Ginsburg acknowledged that other justices, including Antonin Scalia, are sharp critics of the use of foreign law in Supreme Court decisions. Still, she predicted the high court will continue to look to courts in other democracies for occasional help.

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


TOPICS: Foreign Affairs; Front Page News; Government; News/Current Events
KEYWORDS: foreign; international; law; notconstitution; notperoath; treason; violationofoath; world
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To: Dilbert San Diego

You are right (a guy has to be quick around here!).

She improperly believes the judiciary is in the “idea” business.
In fact, they are in the “What does the law say?” business.
Perhaps at the most, “What did the lawmakers intend with this language?”


21 posted on 07/30/2010 2:35:04 PM PDT by frog in a pot (Wake up America! You are losing the war against your families and your Constitution!)
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To: goldendays

Where else could she look? In the constitution?


22 posted on 07/30/2010 2:37:05 PM PDT by Jack Wilson
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To: NoLibZone

Text - Obama’s Speech to the United Nations General Assembly ...
Sep 23, 2009 ... The following is a text of President Obama’s speech to the United ... No world order that elevates one nation or group of people over another will succeed. ..... “We have learned,” he said, “to be citizens of the world, ...


23 posted on 07/30/2010 2:39:47 PM PDT by goldendays
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To: goldendays

It’s just fine for legislators to look at a law in some foreign country and say, “Hey that might work here.” For a judge to say, “France has such and such law, so therefore our law is now the same” is legal adultery.

I sure don’t think I should be making French or German law, so I don’t know why judges think the French or Germans should be making our laws. Heck, probably the French and German don’t want it either.


24 posted on 07/30/2010 2:42:31 PM PDT by Mr. Silverback (Anyone who says we need illegals to do the jobs Americans won't do has never watched "Dirty Jobs.")
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To: goldendays

Our system may not be perfect, but it is well ahead of anything else in the world, and I don’t see the need to review international/foreigh/sharia or any other law.


25 posted on 07/30/2010 2:44:33 PM PDT by DonaldC (A nation cannot stand in the absence of religious principle.)
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To: goldendays

...because foreign law allows things the Constitution never would. But if one can try to cirmumvent the Constitution using other legal systems and terminology, in order to fool everyday Americans, at least those who may care.


26 posted on 07/30/2010 2:45:01 PM PDT by TheThinker (Communists: taking over the world one kooky doomsday scenario at a time.)
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To: goldendays

Our system may not be perfect, but it is well ahead of anything else in the world, and I don’t see the need to review international/foreign/sharia or any other law.


27 posted on 07/30/2010 2:45:01 PM PDT by DonaldC (A nation cannot stand in the absence of religious principle.)
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To: goldendays
I agree, let's make her wear a burkha.

Cheers!

28 posted on 07/30/2010 2:46:21 PM PDT by grey_whiskers (The opinions are solely those of the author and are subject to change without notice.)
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To: goldendays

Incompetent and dangerous to occupy lifetime seats

Impeachment time for Ginsburg. Sotormayor should follow. These aren’t judicial minds, they’re fakes.


29 posted on 07/30/2010 2:46:34 PM PDT by A_Former_Democrat
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To: goldendays
Justice Breyer: U. S. Constitution should be subordinated to international will

If he actually said those words, then it's treason as far as I'm concerned. The rest of the world wants us subordinated because the rulers of it don't want to be knocked off their perch by us or liberated citizens of their own countries.

30 posted on 07/30/2010 2:47:48 PM PDT by TheThinker (Communists: taking over the world one kooky doomsday scenario at a time.)
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To: TheThinker
Ginsburg said high court nominee Elena Kagan got it right when she told senators at her confirmation hearing that she was in favor of good ideas "wherever you can get them."

NH Sen. Gregg is fifth Republican to support Kagan

By JULIE HIRSCHFELD DAVIS (AP) – 1 hour ago WASHINGTON — Republican Sen. Judd Gregg says he plans to vote to confirm Elena Kagan as a Supreme Court justice. The retiring senator from New Hampshire says Kagan is qualified to serve on the high court, although she may have a different political philosophy than he does.

Gregg's announcement in a statement Friday makes him the fifth Republican to break with his party and back President Barack Obama's nominee.

He says confirmation should be based on qualifications, not ideological litmus tests or political affiliation.

The Senate plans a vote next week on Kagan, and majority Democrats have more than enough votes to confirm her. She's in line to succeed retired Justice John Paul Stevens

31 posted on 07/30/2010 2:49:15 PM PDT by goldendays
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To: TheThinker

US Supreme Court Justice Stephen Breyer: A Presentation on International Law
http://www.youtube.com/watch?v=o5zaImTF92g


32 posted on 07/30/2010 2:53:57 PM PDT by goldendays
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To: TheThinker

US Should Yield to Intl Law Says Supreme Court ...
4 min - Apr 13, 2009 - Uploaded by NYredwhiteandblue
Supreme Court Justice Ruth Bader Ginsburg Argues Foreign Laws Should Have Influence On American Laws. Hey, I have a ...
http://www.youtube.com/watch?v=URLAx9fECGQ


33 posted on 07/30/2010 2:56:46 PM PDT by goldendays
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To: goldendays

Look to foreign laws for good ideas.

Who defines good? Abortion is illegal in in many countries, slavery is allowed in others, stoning, dismemberment... where do these good ideas stop?

If only we had a document of our own that set limits on our government...


34 posted on 07/30/2010 2:59:29 PM PDT by SampleMan (No one should die on a gov. waiting list., or go broke because the gov. has dictated their salary.)
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To: TheThinker
...because foreign law allows things the Constitution never would.

Especially if a judge can pick and choose which foreign country.

35 posted on 07/30/2010 3:00:40 PM PDT by omega4412
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To: grey_whiskers

36 posted on 07/30/2010 3:07:45 PM PDT by dead (I've got my eye out for Mullah Omar.)
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To: goldendays

37 posted on 07/30/2010 3:08:36 PM PDT by StAnDeliver (/)
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To: grey_whiskers

I was thinking more along the lines of female circumcision. That would smarten her up.


38 posted on 07/30/2010 3:09:50 PM PDT by deadrock (Liberty is a bitch that needs to be bedded on a mattress of cadavers.)
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To: Abby4116

We don’t have a Judicial Branch anymore; we have an Executive and two Legislative Branches.


39 posted on 07/30/2010 3:19:28 PM PDT by kevao
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To: goldendays

I was on loan to the blue helmets for a while when I was in S. Korea.
Seems like forever ago.
What a bunch of dumbasses.
Hell, I do not think the could successfully take on the Hells Angels much less the worlds bad guys.


40 posted on 07/30/2010 3:23:06 PM PDT by Joe Boucher ((FUBO) Ya unAmerican p.o.s.)
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