MORON
Posted on 08/11/2005 3:13:30 PM PDT by Tumbleweed_Connection
What's wrong with citing rulings by judges in other countries, Supreme Court Justice Stephen Breyer asked attendees at the American Bar Association Convention in Chicago on Tuesday.
Conservatives led by justices Antonin Scalia and Clarence Thomas have criticized Breyer for backing up opinions with references to rulings from abroad, such as a 2002 Death Row case in which Breyer cited decisions by British and Canadian courts and the European Court of Human Rights.
The Supreme Court ". . . should not impose foreign moods, fads or fashions on Americans," Justice Thomas wrote in response.
But Breyer said Tuesday, "We're not bound by any foreign laws . . . but this is a world in which more and more countries have come to have democratic systems of government with documents like our constitution that protect things like free expression. And there are judges. They have a job that is somewhat similar to the jobs we have. Why not learn something if we can?"
"To tell you the truth, in some of these countries, they're just trying to create these independent judicial systems to protect human rights, contracts. If we cite them sometimes -- not as binding, I promise, not as binding --well, that gives them a little boost sometimes . . . It sort of gives them a leg up for the rule of law."
Breyer admits his and other justices' citing of non-U.S. cases "has hit a political nerve."
It came to a head in March when the court voted 5-4 to outlaw the execution of juveniles, citing, amid other evidence, the fact that other countries had outlawed it.
Breyer's comments came on the last day of the ABA's convention, attended by about 10,000 lawyers.
In defense of journalists
The ABA voted Tuesday to endorse a shield law that would prevent reporters such as the New York Times' Judith Miller from having to go to jail to protect confidential sources.
"Prior to requiring information from journalists, a party should demonstrate that the information sought is essential . . . that all reasonable alternative sources for the information have been exhausted, and that the need for the information clearly outweighs the public interest in protecting the free flow of information," the resolution says.
The vote clears the ABA to lobby congressmen to approve bills pending in both houses of Congress that mirror shield laws already on the books in 49 states.
"We're not asking for anything more from the federal government than exists in the states," Temple University Law Proffessor JoAnne A. Epps told ABA delegates.
"Journalists are caught in the unenviable position of not knowing whether a promise to a source is something they can adhere to" because they don't know whether their notes could be requested by a state court or a federal court, Epps said.
...wishing I could round them all up and ship them to North Korea.
I was gonna say "target rich environment" but I won't...or did I?
It'd be a good start. But, alas, I'd settle for just shipping Breyer over to North Korea.
"We're not bound by any foreign laws . . . "
We are when the SCOTUS bases it's decisions on those foreign laws. Screw this mentality. Stop the liberal idiocy..get Roberts confirmed as a first step!
They are not made under the auspices of the U.S. Constitution. It's a simple as that.
"To tell you the truth, in some of these countries, they're just trying to create these independent judicial systems to protect human rights, contracts. If we cite them sometimes -- not as binding, I promise, not as binding --well, that gives them a little boost sometimes . . . It sort of gives them a leg up for the rule of law."
I'm sure Breyer will not be citing foreign laws when they do not support his position.
Yeah, like Great Britain and Canada. Those backwater nations, just barely out of the third world, really need our help as they struggle to build an independent judiciary. What a lame justification for an even lamer policy.
He's right. We can learn from Europe. The Brits have started deporting radical Islamists.
MORON
He missed the story in that other piece. He misses it again, here. He may have the title for "Legal Affairs," but he surely doesn't understand his field. Two major stories are handed to him, IF he did his homework. He didn't. He missed it.
Congressman Billybob
Why should a "journalist" get such protections, but private citizens have it withheld? That's just one of the hugh problems I have with McCain/Feingold! GRRRR!!!
Mark
If he don't know, then he has no business being on the court.
Exactly! And maybe he just has WAY too much spare time on his hands, so he feels that he can use that time reviewing the legal rulings by judges in other countries, rather than bothering to actually read the text in the Consitution of the United States. It's become painfully aware that at least 4 of the SCOTUS Justices have little or no familiarity with the actualy TEXT of the document, rathter than "the spirit" of the Constitution!
Mark
That's something I've wondered for quite a while... Why doesn't he bring up the rulings by Irish judges when discussing why the US should strike down Roe v Wade... Oh, that's right! He doesn't present those rulings because they contridict his "feelings."
Mark
Congress should impeach him so that he can go back to making ice cream.
You are supposed to take each issue and compare or check it with the USA Constitution, and let the Constitution say "Yea or Nay"! Foreign laws has no relevance in our laws! Period!
Do you recall your oath?
WHO administered the Oath of Office to Breyer? And has he been administered a mental exam to discover if he is sane
or cognizant enough to understand the comon meaning of the terms (language and intent) of that oath. And WHY has he not been Impeached? es verdad he was ominated by Clinton and everyone knows it all depends on the meaning of the "is"
now-In short we are no longer a nation of laws applied equally to all as Constitutional Republic but we have evolved like liberals form apes and on to amoebas and have
arrived at the oligarchy of depsots Jefferson warned of.
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