Ginsberg Defends Use of Foreign Law by U.S. Judges

[fightingquaker13]

Once again FQ you are mixing apples and oranges.  Quoting English law (upon which much of our law is based (see Black)) as a defense or support is one thing.  Using foreign law to interpret the meaning of the US Constitution is another thing all together.

Haz I'm not mixing anything. (although it is 4:30 and a Hazerita wouldn't go amiss in about half an hour). I just quoted Grace in Dred Scott because it was something I could quote by heart. I didn't feel like spending an hour digging up other cases. The Court has historically, and will continue to use international law as PART (not all) of its reasoning in making decisions if there is nothing home grown, or derived from common law, that they can find to apply. Again, this isn't an argument about Ginsberg pro or con, just what I've learned teaching this stuff. Its not the norm but its also nothing new. As a quick for instance it came up in 8th amendment challenges to applying the death penalty for the mentally retarded and juveniles. I make no judgement here as to whether it should have, gallons of ink have been spilled and trees lost their lives arguing that point, I'm just saying it does happen.
FQ13

[Hazcat]

Does it happen?  Yes.  SHOULD it happen? No

The court long ago over stepped its role and should be slapped back.

[fightingquaker13]

Does it happen?  Yes.  SHOULD it happen? No

The court long ago over stepped its role and should be slapped back.

And on that my friend, we are in complete agreement.
FQ13

[tt11758]

Does it happen?  Yes.  SHOULD it happen? No

The court long ago over stepped its role and should be slapped back.

Name one of the three branches of government that HASN'T overstepped it's role recently.

[fightingquaker13]

Name one of the three branches of government that HASN'T overstepped it's role recently.

In the spirit of Haz's trivia challenge, I'll go with "What is none of the above", for a thousand, Alex.
FQ13

[Sponsor]

[tt11758]

In the spirit of Haz's trivia challenge, I'll go with "What is none of the above", for a thousand, Alex.
FQ13

DING, DING, DING................We have a winner!!  What do you have for him, Johnny?!?

[tombogan03884]

Name one of the three branches of government that HASN'T overstepped it's role recently.

While it is not regarded as a branch of govt. per se the military, as the largest collection of fire power under a single chain of command is a de facto branch of govt. that probably SHOULD overstep their bounds. I for one would CHEER a temporary military administration that involved jailing, hanging and/or shooting Pelosi, Reid, Frank etc.

[Rob10ring]

Some people's minds don't age as well as others'. I think maybe she's a little overdone.

“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 asked

Maybe too much credit is given to some (not all) professors.

[fightingquaker13]

Some people's minds don't age as well as others'. I think maybe she's a little overdone.
Maybe too much credit is given to some (not all) professors.

Hey! I ressemble that remark. The day I get cited in a SCOTUS ruling, even if it is in dissent, I'll retire happy!
FQ13

[Rastus]

While it is not regarded as a branch of govt. per se the military, as the largest collection of fire power under a single chain of command is a de facto branch of govt. that probably SHOULD overstep their bounds. I for one would CHEER a temporary military administration that involved jailing, hanging and/or shooting Pelosi, Reid, Frank etc.

You need to stop whispering those sweet nothings....