Justices Debate International Law On TV
Report via the Seattle Post-Intelligencer.
In an event broadcast on C-SPAN US Supreme Court Justices Antonin Scalia and Justice Stephin Breyer exchanged barbs over citing international law in deciding US cases.
Scalia called it "arrogance" of U.S. judges who seek to decide politically charged questions involving gay rights and the death penalty by citing international law.
In an event broadcast on C-SPAN US Supreme Court Justices Antonin Scalia and Justice Stephin Breyer exchanged barbs over citing international law in deciding US cases.
Scalia called it "arrogance" of U.S. judges who seek to decide politically charged questions involving gay rights and the death penalty by citing international law.
"What you're looking for are the standards of decency of American society," Scalia said. "What does an opinion of a wise Zimbabwe judge have to do with what Americans believe?
"Doesn't it seem arrogant to think I can decide moral views for penology, death penalty and abortion?" he said, arguing that elected legislatures should make those decisions.
Breyer responded that international opinion can be relevant in determining fundamental freedoms in a more global society.
More relevant in a global society your Honor, but I don't appreciate your willingness to decide my rights on the opinions of such countries as one finds in the United Nations.
"U.S. law is not handed down from on high even at the U.S. Supreme Court," he [Breyer] said. "The law emerges from a conversation with judges, lawyers, professors and law students. ... It's what I call opening your eyes as to what's going on elsewhere."
If "law emerges from a conversation with judges, lawyers, professors and law students," then why the heck do we elect legislators? And what purpose is left for our constitution? I would think even liberals would gasp at the statements Breyer is making there.
It would be a wonderful service to our way of life if everyone in the country could read that last statement by Justice Breyer. Lets hope he will be replaced soon.
It would be a wonderful service to our way of life if everyone in the country could read that last statement by Justice Breyer. Lets hope he will be replaced soon.
But Scalia and Chief Justice William H. Rehnquist and Clarence Thomas, both fellow conservatives, have derided the relevance. If justices believe foreign judgments are decisive on these moral cases, they should ban abortion since most other countries do so, Scalia said.
Update: Hindrocket at Power Line agrees with me on Justice Breyer's claim that: "The law emerges from a conversation with judges, lawyers, professors and law students." Hindrockets analysis is excelent.
posted @ 1:45 AM | Permalink
<< Main Page