Kennedy Defends Foreign Law References

AP via SFGate ^ | 2/21/8 | MARK SHERMAN, Associated Press Writer

[SmithL]

WASHINGTON, (AP) -- Just who was Justice Anthony Kennedy calling out when he fired back at critics of the Supreme Court's use of international law in its opinions?

"There was kind of a 'know-nothing' aspect to the debate, it seems to me," Kennedy said, recounting the hue and cry that followed his opinion outlawing the execution of people who were not yet 18 when they killed. In the 5-4 ruling, Kennedy invoked the practice of other countries in support of his position.

Only a few countries continue to allow the execution of juveniles. "This confirms our judgment" that the death penalty for those under 18 violates the Eighth Amendment, Kennedy said Wednesday night at the Meridian International Center in Washington.

But he said, "We were very clear to say we reach this as a matter of interpretation of our own Constitution."

Kennedy did not name names, but one of his most vocal critics was his colleague, Justice Antonin Scalia, whose dissenting opinion went on at length about the folly of citing foreign law.

"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," Scalia wrote.

"The court's parting attempt to downplay the significance of its extensive discussion of foreign law is unconvincing. 'Acknowledgment' of foreign approval has no place in the legal opinion of this court unless it is part of the basis for the court's judgment, which is surely what it parades as today," Scalia said.

[Emperor Palpatine]

This man should be impeached. He’s patently unfit to serve on the SCOTUS

[CMAC51]

Foreign law has no rightful relevance to a constitutional question. If the constitution does not explicitly cover the matter, then the power is reserved to the people. It’s A or B not A or B and a little bit of C.

[Moonman62]

"The court's parting attempt to downplay the significance of its extensive discussion of foreign law is unconvincing. 'Acknowledgment' of foreign approval has no place in the legal opinion of this court unless it is part of the basis for the court's judgment, which is surely what it parades as today," Scalia said.

I agree. If Kennedy's decision was based solely on the eighth amendment, then there was no reason to bring up what other countries do.

[Diogenesis]

"A nation can survive its fools, and even the ambitious.
But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly.
But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself.
For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men.
He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist.
A murderer is less to be feared."
-- Marcus Tullius Cicero

[Malesherbes]

It is interesting that the only foreign sources that Kennedy (and his ilk) cites are those which are in English, including - you can’t make this up - the Supreme Court of Zimbabwe. Multicultruralism should demand that they also cite Spanish, French, Italian, Norwegian sources, maybe even those in Tagalog from the Philippines. However, our learned Justices seem to be monolingual.

[vpintheak]

These people have no idea what “cruel and unusual” is. They are clueless fanatics and dupes living within the confines of their ivory towers.

[AliVeritas]

[AliVeritas]

He can tell it to Menchaca and Tucker’s parents.

http://mypetjawa.mu.nu/archives/184744.php

[kjo]

Wait a minute, didn’t most of our ancestors LEAVE foreign places because they hated the governments and courts?

On what basis does Kennedy cite foreign law? Where in the philosophy of constitutional interpretation is their room for what other governments think?

Kennedy is a totalitarian who is using made-up “law” to justify his own feelings.

This guy should be impeached. But he won’t; and President Barry Obama will give him a medal.

[IMissPresidentReagan]

"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," Scalia wrote.

I nominate Justice Scalia for President!!!!

In all honesty, I believe every attorney, legal mind, judge, and Supreme Court Justice should read Justice Scalia's book regarding how to interpret the Constitution. (And all conservatives interested in the Supreme Court should read Scalia Dissents - he literally uses the pen as his sword!)

Justice Kennedy has been a pox on the Supreme Court since his first day. He would rather use international law than the U.S. Constituion, Legislative Intent, as well as the Founding Fathers' intent to interpret anything.

[ClearCase_guy]

I've always admired Sharia Law. Maybe SCOTUS should take that into consideration in the future. [/sarc]

The point really is -- if you LIKE something in Scottish law, you might want to use it. If you DON'T like something in Sharia law, then you'd just skip it. You end up making the law whatever you personally think would be nifty.

We have a written constitution, with an arduous amendment process for a reason. Kennedy seems to not grasp that.

[Hoffer Rand]

Just once, I want to hear Alito or Thomas say to Kennedy “Your whiny, insignificant opinion has been noted.”

[sand88]

A very pertinent quote. It’s a keeper. It could apply to many in government today. It can easily be applied to McCain and the Rats. They have contempt for our Constitution. Thanks for the quote!

[denydenydeny]

I agree. Referencing foreign law in any American court should bring automatic charges of impeachment. Immediately.

[johnthebaptistmoore]

You sure that it’s a good idea to impeach Kennedy when he will probably just be replaced by another moderate who also believes in the same kind of things anyways? A Democratically controlled U.S. Senate probably won’t allow any true conservatives onto the U.S. Supreme Court!

[nicmarlo]

"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," Scalia wrote.

BTTT!!!

[Jacquerie]

Impeachment of judges has developed a bad reputation over the years. Heck, it means the legislature fires a judge. What is truly the big deal?

The deal is that Congress would rather have unelected judges make difficult decisions and take the heat. To fire the judge bozos would mean Congress would have to take stands they would rather not.

[Flash Bazbeaux]

“Foreign law has no rightful relevance to a constitutional question.”

Unless it is the Law of England prior to 1789. Which, technically, isn’t foreign.

[Joe Boucher]

I’m not an G.D. internationalist,
I’m an American.
I don’t give a rats patootie what the rest of the world does
I only care what the Contitiution of the United States of America says.
Get the hell rid of the activist judges one way or another.
Drag them to the town squard and stone their sorry butts.