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Our determination that the death penalty is disproportionate punishment for offenders under 18 finds confirmation in the stark reality that the United States is the only country in the world that continues to give official sanction to the juvenile death penalty. This reality does not become controlling, for the task of interpreting the EighthAmendment remains our responsibility. Yet at least from the time of the Court’s decision in Trop, the Court has referred to the laws of other countries and to international authorities as instructive for its interpretation of the Eighth Amendment’s prohibition of “cruel and unusual punishments.”

When discussing a novel issue of law, courts can look at arguments from pretty much anywhere. These arguments are not controlling legal authority, but are what is known as persuasive legal authority.

I actually don't see a problem with this passage. This is just a wide-ranging discussion of international trends and SCOTUS's history of ruling on the 8th Amendment.

When discussing a novel issue of law, courts can look at arguments from pretty much anywhere.

Yes, we can all look forward to the time when the Justices recite from the Koran.

I actually don't see a problem with this passage. This is just a wide-ranging discussion of international trends and SCOTUS's history of ruling on the 8th Amendment.

I tend to agree. The majority isn't claiming they are bound by international law or trends, but rather, is generally discussing the laws and trends in other countries as they relate to criminal justice under the 8th Amendment. That's not much different than looking to the Magna Carta, Common Law of England, or even the Bible for perspective. Now if the SCOTUS claims it is bound to construe the Constitution based upon international laws and trends, then I have a real problem.

Scalia saw a problem with it.

"...and in the course of discharging that awesome responsibility purports to take guidance from the views of foreign courts and legislatures. Because I do not believe that the meaning of our Eighth Amendment, any more than the meaning of other provisions of our Constitution, should be determined by the subjective views of five Members of this Court and like-minded foreigners, I dissent."