SCOTUS Ignorance!
Justice Ginsburg sees nothing wrong with using foreign law in making decisions at the Supreme Court. To quote her:
“I frankly don’t understand all the brouhaha lately from Congress and even from some of my colleagues about referring to foreign law,” Ginsburg said Friday in a symposium honoring her at Ohio State University, The New York Times reports.
Ginsburg says she’s fine with the idea that a U.S. court shouldn’t consider itself bound by the precedent established in international law.
But she’s also fine with the idea that a U.S. court can be influenced by strong reasoning from overseas.
“Why shouldn’t we look to the wisdom of a judge from abroad with at least as much ease as we would read a law review article written by a professor?” she says. "
THE REASON YOU SHOULDN'T LOOK AT THE "WISDOM OF A JUDGE ABROAD" IS THAT YOU CAN FIND SUPPORT FOR ANY DECISION YOU WANT TO MAKE - AND LIKEWISE, CAN FIND OBJECTION TO ANY DECISION YOU DO NOT LIKE - IF YOU LOOK AT ENOUGH OPINIONS REFLECTING THE "WISDOM OF A JUDGE ABROAD."
But, of course, you do not "search" for the foreign "wisdom" that goes against your preference!
Control of this phenomena inside our own borders is tough enough. Letting the world in on our decisions is true ignorance!
Comments?
“I frankly don’t understand all the brouhaha lately from Congress and even from some of my colleagues about referring to foreign law,” Ginsburg said Friday in a symposium honoring her at Ohio State University, The New York Times reports.
Ginsburg says she’s fine with the idea that a U.S. court shouldn’t consider itself bound by the precedent established in international law.
But she’s also fine with the idea that a U.S. court can be influenced by strong reasoning from overseas.
“Why shouldn’t we look to the wisdom of a judge from abroad with at least as much ease as we would read a law review article written by a professor?” she says. "
THE REASON YOU SHOULDN'T LOOK AT THE "WISDOM OF A JUDGE ABROAD" IS THAT YOU CAN FIND SUPPORT FOR ANY DECISION YOU WANT TO MAKE - AND LIKEWISE, CAN FIND OBJECTION TO ANY DECISION YOU DO NOT LIKE - IF YOU LOOK AT ENOUGH OPINIONS REFLECTING THE "WISDOM OF A JUDGE ABROAD."
But, of course, you do not "search" for the foreign "wisdom" that goes against your preference!
Control of this phenomena inside our own borders is tough enough. Letting the world in on our decisions is true ignorance!
Comments?
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