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Justice Ginsburg Backs Value of Foreign Law
NY Times ^ | April 2, 2005 | ANNE E. KORNBLUT

Posted on 04/02/2005 3:58:14 AM PST by Pharmboy

WASHINGTON, April 1 - Justice Ruth Bader Ginsburg of the Supreme Court embraced the practice of consulting foreign legal decisions on Friday, rejecting the argument from conservatives that United States law should not take international thinking into account.

After a strongly worded dissent in a juvenile death penalty case from Justice Antonin Scalia last month that accused the court of putting too much faith in international opinion, Justice Ginsberg said the United States system should, if anything, consider international law more often.

"Judges in the United States are free to consult all manner of commentary," she said in a speech to several hundred lawyers and scholars here Friday.

She cited several instances when the logic of foreign courts had been applied to help untangle legal questions domestically, and of legislatures and courts abroad adopting United States law.

Fears about relying too heavily on world opinion "should not lead us to abandon the effort to learn what we can from the experience and good thinking foreign sources may convey," Justice Ginsburg told members of the American Society of International Law.

On March 1, the Supreme Court ruled 5 to 4 that the Constitution forbids executing convicts who committed their crimes before turning 18. The majority opinion reasoned that the United States was increasingly out of step with the world by allowing minors to be executed, saying "the United States now stands alone in a world that has turned its face against the juvenile death penalty."

Justice Scalia lambasted that logic, saying that "like-minded foreigners" should not be given a role in helping interpret the Constitution. House Republicans have introduced a resolution declaring that the "meaning of the Constitution of the United States should not be based on judgments, laws or pronouncements of foreign institutions unless such foreign judgments, laws or pronouncements inform an understanding of the original meaning of the Constitution of the United States."

In her speech, Justice Ginsberg criticized the resolutions in Congress and the spirit in which they were written. "Although I doubt the resolutions will pass this Congress, it is disquieting that they have attracted sizable support," she said.

"The notion that it is improper to look beyond the borders of the United States in grappling with hard questions has a certain kinship to the view that the U.S. Constitution is a document essentially frozen in time as of the date of its ratification," Justice Ginsburg said.

"Even more so today, the United States is subject to the scrutiny of a candid world," she said. "What the United States does, for good or for ill, continues to be watched by the international community, in particular by organizations concerned with the advancement of the rule of law and respect for human dignity."

Secretary of State Condoleezza Rice introduced Justice Ginsburg at the event, the first appearance by a sitting secretary of state before the 99-year-old organization in decades. Dr. Rice described Justice Ginsberg as "a great and good friend," adding that they also happened to be neighbors.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Foreign Affairs; Government; News/Current Events
KEYWORDS: clintonlegacy; condi; constitution; criminal; filibuster; foreignlaw; getarope; ginsberg; ginsbergcountry; globalism; globalist; impeach; judicialactivism; judiciary; law; northamericaunion; oathbreaker; oligarchy; scotus; supremes; treason
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Dr. Rice described Justice Ginsberg as "a great and good friend," adding that they also happened to be neighbors.

I will now consider taking my "Condi in '08" bumper sticker off of the Blazer.

1 posted on 04/02/2005 3:58:14 AM PST by Pharmboy
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To: Pharmboy

These comments are a direct response to DeLay...The Judiciary is circling the wagons..


2 posted on 04/02/2005 4:00:33 AM PST by ken5050 (The Dem party is as dead as the NHL)
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To: Pharmboy
These morons protect murderers, terrorists and execute innocent Americans
as they GROVEL before foreign courts.

They are nothing but a 'pox' on America.

3 posted on 04/02/2005 4:02:09 AM PST by Diogenesis (Igitur qui desiderat pacem, praeparet bellum)
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To: Pharmboy

Oh shoot, why not give up and just write a World Constitution. It would be so much easier than all these pesky countries.


4 posted on 04/02/2005 4:03:40 AM PST by drlevy88
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To: Pharmboy
Ginsburg & Spector need to follow the dodo bird into the world of extinction!
5 posted on 04/02/2005 4:03:57 AM PST by dalereed
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To: Diogenesis

Ginsburg should be impeached--and replaced with Judge Judy.


6 posted on 04/02/2005 4:04:08 AM PST by Pharmboy ("Rebellion to tyrants is obedience to God")
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To: Pharmboy
Our Krytocrats don't believe in the Constitution. They don't even consider themselves bound by American laws either. Its amazing people who should know better genuflect to them as though they were the Oracle Of The Universe.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
7 posted on 04/02/2005 4:04:27 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: Pharmboy
"Judges in the United States are free to consult all manner of commentary," she said in a speech to several hundred lawyers and scholars here Friday.

Except the bible, it would seem

8 posted on 04/02/2005 4:05:02 AM PST by drlevy88
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To: Pharmboy

9 posted on 04/02/2005 4:05:34 AM PST by peyton randolph (Warning! It is illegal to fatwah a camel in all 50 states)
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To: Pharmboy

Some serious thought needs to go into possible legal avenues to have the hag of the ACLU removed from the bench.


10 posted on 04/02/2005 4:05:39 AM PST by SpaceBar
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To: drlevy88
'Le worm' aka Jacq Chirac is way ahead of you on that one!

Mark my words, his international tax thing is not the end, but the start of it. And they and their friends will not stop until they created One World Government, in the hands of Kofi and his Korrupt Klan of murderers, tyrants and dictators. One of the first things they need, is for international law to apply everywhere, and their Supreme Court collaborators are hard at work at that.

11 posted on 04/02/2005 4:06:15 AM PST by William of Orange (Mr. T for president! I pity the fool who don' vote for Mr. T!)
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To: ken5050

All kidding aside, this idiot has got to go.

I would say let's start an impeachment drive, but I know that will never happen. Too many anti Constitutionists out there support her stupid logic.

The good news is this: the old fool is just that, an old fool. Hopefully, she will retire soon.


12 posted on 04/02/2005 4:06:18 AM PST by Al Gator (Remember to pillage BEFORE you burn!)
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To: drlevy88
The Colorado Supremes last week tossed out a death sentence cause jurors had the effrontery to consult The Bible in reaching a verdict.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
13 posted on 04/02/2005 4:07:19 AM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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Comment #14 Removed by Moderator

To: Pharmboy

This is scary folks.


15 posted on 04/02/2005 4:07:49 AM PST by maxter (I)
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To: drlevy88
Good point. They should consult the Constitution, perhaps.

The arrogance of this little troll of a woman...

16 posted on 04/02/2005 4:07:50 AM PST by Pharmboy ("Rebellion to tyrants is obedience to God")
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To: SpaceBar

Breyer is just as bad.


17 posted on 04/02/2005 4:07:56 AM PST by Huck (:-)
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To: drlevy88

"Judges in the United States are free to consult all manner of commentary," she said in a speech to several hundred lawyers and scholars here Friday.
-----
She's admitting she's making it up on the fly. This renders our Constitution largely meaningless. This wicked
woman should have never been confirmed. She took an oath. This is why we must keep the filibuster.IMO


18 posted on 04/02/2005 4:10:52 AM PST by Finalapproach29er (America is gradually becoming the Godless,out-of-control golden-calf scene,in "The Ten Commandments")
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Comment #19 Removed by Moderator

To: Al Gator
I would say let's start an impeachment drive, but I know that will never happen.

Ginsburg's husband is a major tax law attorney. Save Ross Perot big bucks once upon a time. I'm convinced that the Ginsburg selection for SCOTUS was pay off in part by Clinton to Perot for ensuring 41 went down in flames in the '92 election.

20 posted on 04/02/2005 4:12:28 AM PST by peyton randolph (Warning! It is illegal to fatwah a camel in all 50 states)
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