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Keyword: transjudicialism

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  • Bork: Judicial Activism Is Going Global - liberal justices use foreign courts to justify decisions

    09/11/2003 6:45:03 PM PDT · by Libloather · 13 replies · 345+ views
    Fox News .com ^ | 9/11/03 | Kelley Beaucar Vlahos
    <p>WASHINGTON — Justices have started to cite foreign sources to justify the way they rule at home, oftentimes looking toward liberal courts no matter how preposterous the connection to the cases being heard at home, said retired Judge Robert Bork.</p>
  • A flap over foreign matter at the Supreme Court

    03/11/2004 11:58:29 PM PST · by Paleo Conservative · 40 replies · 502+ views
    PMSNBC ^ | March 11, 2004 | Tom Curry
    A flap over foreign matter at the Supreme Court: House members protest use of non-U.S. rulings in big cases Mark Wilson / Getty Images file Justice Clarence Thomas, left, has clashed with Justice Stephen Breyer over whether the Supreme Court should refer to foreign legal precedents in death penalty cases. WASHINGTON - Stepping into a battle between the liberal and conservative justices on the U.S. Supreme Court, Republican House members are protesting the court?s increasing use of foreign legal precedents in interpreting the Constitution. Republican House members Tom Feeney of Florida and Bob Goodlatte of Virginia, joined by more than...
  • Foreign Rulings Not Relevant to High Court, Scalia Says

    04/03/2004 3:56:05 PM PST · by neverdem · 3 replies · 259+ views
    The Washington Post ^ | April 3, 2004 | Anne Gearan (AP)
    Justice Antonin Scalia said yesterday his colleagues on the Supreme Court will probably go on referring to foreign court decisions in their rulings on U.S. law but that does not make it right. Scalia generally opposes a greater role and influence for international law in U.S. courts. Although that view made him an unusual choice to speak to the American Society of International Law, Scalia said he welcomes the opportunity to engage his critics. "It is my view that modern foreign legal material can never be relevant to any interpretation of, that is to say, to the meaning of the...
  • Ginsburg: Rulings in other countries are relevant here ( referred to the findings of foreign courts)

    08/06/2003 1:34:41 PM PDT · by comnet · 50 replies · 440+ views
    ap ^ | Monday, August 4, 2003 | ap
    Ginsburg: Rulings in other countries are relevant here U.S. Supreme Court The U.S. Supreme Court is looking beyond America's borders for guidance in handling cases on issues like the death penalty and gay rights, according to Justice Ruth Bader Ginsburg. The justices referred to the findings of foreign courts this summer in their ruling that states may not punish gay couples for having sex. And in 2002, the court said that executing mentally retarded people is unconstitutionally cruel. That ruling noted that the practice was opposed internationally. "Our island or lone ranger mentality is beginning to change," Ginsburg said Saturday...
  • Ron Paul - Whose Justice?

    04/13/2004 6:10:47 AM PDT · by jmc813 · 41 replies · 196+ views
    House Web Site ^ | 4-12-2004 | Rep. Ron Paul (R-TX)
    Judicial activism, the practice of judges ignoring the law and deciding cases based on their personal political views, has been a problem in America since well before the Supreme Court invented a right to abortion in Roe v. Wade. Many federal judges have become de facto legislators in recent decades, substituting their self-presumed wisdom for the will of Congress. In the process, the American people have lost more and more power to influence the laws under which they must live. Activist federal judges often view the Constitution as an anachronism that stands in the way of their visions for “social...