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Thursday, April 16, 2009

Justice Ginsburg argues for citing foreign law

Jim Brown - OneNewsNow - 4/16/2009 4:30:00 AM

A constitutional law expert says recent comments by U.S. Supreme Court Justice Ruth Bader-Ginsburg show once again that she is more concerned with what the world thinks than the self-interest of her own country.

Justice Ginsburg said during a symposium at Ohio State University that she does not understand why some of her colleagues on the Supreme Court are so opposed to citing foreign law in constitutional cases. Ginsburg argued that the failure to use foreign law to interpret the U.S. Constitution has resulted in diminished influence for the U.S. Supreme Court. She noted that the Canadian Supreme Court is "probably cited more widely abroad than the U.S. Supreme Court," because "[y]ou will not be listened to if you don't listen to others."

Curt Levey, executive director of the Committee for Justice, says liberal judges like Ginsburg believe they should be able to implement their own policy preferences from the bench.

"If you're not really bound by the law and you're just going to do what you think is right, then you know, it's okay to look to anything. If she wants to be inspired by poetry to decide what she thinks the law should be, well who are we to second-guess her? Of course I'm being a little bit facetious -- but given her belief in judicial activism, it's not surprising that she wants to be able to rely on as many sources of opinion as possible," he contends. "You know, no matter how ridiculous your position, you can always find somebody somewhere in the world who agrees with you."

Levey says the Constitution exists to protect the rights of Americans -- not to make them popular abroad.

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