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Who Is Harold Koh?
IBD Editorials ^ | March 31, 2009

Posted on 03/31/2009 5:49:09 PM PDT by Kaslin

Law: President Obama's nominee for State Department legal adviser could be a future Supreme Court pick. He believes U.S. law should be based on foreign precedent, and even Shariah law could find a home here.


We have commented many times on the opinion of a number of U.S. Supreme Court justices that American jurists should include foreign law and precedent in their decisions. In several prominent cases, this has already happened.

In a speech in South Africa, Justice Ruth Bader Ginsburg called the March 2005 Roper v. Simmons decision, in which a 5-4 majority ruled against executing murderers who were 17 or younger, "perhaps the fullest expressions to date on the propriety and utility of looking to the 'opinions of (human)kind.' "

More recently, Justice Stephen Breyer said: "We see all the time . . . how the world really . . . is growing together. The challenge (will be) whether our Constitution . . . fits into the governing documents of other nations." Whether our Constitution fits?

Agreeing with Ginsburg and Breyer is one Harold Koh, a former dean of Yale Law School who's been nominated by President Obama to be the State Department's legal adviser. He's an advocate of what he calls "transnational legal process" and argues that the distinction between U.S. and international law should vanish.

Koh believes laws of places like Zimbabwe and Sri Lanka should carry equal weight with the laws of Virginia and South Dakota, and that it's "appropriate for the Supreme Court to construe our Constitution in the light of foreign and international law" in its decisions.

(Excerpt) Read more at ibdeditorials.com ...


TOPICS: Constitution/Conservatism; Editorial; Government
KEYWORDS: 2005; 200503; 2007; 2009; 200903; bho44; bhostatedept; breyer; constitution; deathpenalty; foreignlaw; ginsburg; haroldkoh; ibd; icc; icj; internationallaw; judiciary; koh; korean; ruthbaderginsberg; scotus; shariah; shariahlaw; sharialaw; sovereignity; statedept; stephenbreyer; thehague; transnationalism; waronbolton; yale
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God hep this country
1 posted on 03/31/2009 5:49:10 PM PDT by Kaslin
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To: Kaslin

agree.

you hafta wonder about today’s liberals.


2 posted on 03/31/2009 5:51:21 PM PDT by ken21 (the only thing we have to fear is fdr deja vu.)
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To: Kaslin

So if a Sri Lanka judge decides its okay to carry weapons, ban abortion, imprison homosexuals and kill fox from helicopters we should use that as a precedent?


3 posted on 03/31/2009 5:56:33 PM PDT by Raycpa
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To: Abathar; Abcdefg; Abram; Abundy; akatel; albertp; AlexandriaDuke; Alexander Rubin; Allerious; ...
Koh believes laws of places like Zimbabwe and Sri Lanka should carry equal weight with the laws of Virginia and South Dakota, and that it's "appropriate for the Supreme Court to construe our Constitution in the light of foreign and international law" in its decisions.



Libertarian ping! Click here to get added or here to be removed or post a message here!
4 posted on 03/31/2009 6:05:47 PM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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To: ken21

We’ve always had crazy people, just not this many leading our country to hell.

Koh is a nutcase. He’s more a court jester than a court leader.


5 posted on 03/31/2009 6:06:10 PM PDT by MadMax, the Grinning Reaper
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To: Kaslin

Bohica. That right friends. Ehoever Obama picks we know that the Republicans will BOHICA and allow it to happen.


6 posted on 03/31/2009 6:08:09 PM PDT by Venturer
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To: Kaslin

Ths is good news, the last time IBD did a “Who is... “ article is was “Who is Thomas Saenz ?” andafter that he was gone.


7 posted on 03/31/2009 6:10:48 PM PDT by PMAS
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To: MadMax, the Grinning Reaper

But he’s the kind of crazy person that this adminstration sees fit to appoint to set our standards, directions and future.


8 posted on 03/31/2009 6:11:10 PM PDT by needtowakeup (-)
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To: Kaslin

I can’t believe this is happening to our beloved USA. God save us from the Obama administration.


9 posted on 03/31/2009 6:11:47 PM PDT by BlueAngel
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To: Cindy; Velveeta; Godzilla; PGalt; null and void; LucyT; WestCoastGal; Rushmore Rocks; ...
This will make your hair stand on end ping.
Snip from article:

He also values the opinions of the world's imams. A New York lawyer, Steven Stein, says Koh in 2007 told the Yale Club of Greenwich that "in an appropriate case, he didn't see any reason why Shariah law would not be applied to govern a case in the United States."

10 posted on 03/31/2009 6:22:41 PM PDT by Oorang (Tyranny thrives best where government need not fear the wrath of an armed people - Alex Kozinski)
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To: Oorang; Calpernia; Fred Nerks; null and void; pissant; george76; PhilDragoo; Candor7; MeekOneGOP; ..
Thanks, Oorang.

To reiterate:

He also values the opinions of the world's imams. A New York lawyer, Steven Stein, says Koh in 2007 told the Yale Club of Greenwich that "in an appropriate case, he didn't see any reason why Shariah law would not be applied to govern a case in the United States."


11 posted on 03/31/2009 6:42:49 PM PDT by LucyT
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To: LucyT

Thanks

I see another SHEET HEAD on the horizon!


12 posted on 03/31/2009 6:52:09 PM PDT by katiekins1 (Glen Beck=Oscar Winning Traitor)
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To: LucyT

Many thanks, LucyT

Ping.


13 posted on 03/31/2009 6:55:00 PM PDT by Iowan
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To: Oorang

I certainly the pubbies get a backbone and block his nomination.


14 posted on 03/31/2009 6:57:32 PM PDT by Godzilla (Galatians 4:16 So iz i ur enemi now becz i tellded u teh troof?)
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To: Oorang

Yes, he seems to be a good fit for the Obama administration.

Truly disturbing and thanks for the ping Oorang.

#

http://www.freerepublic.com/focus/f-news/2218705/posts
http://www.freerepublic.com/tag/koh


15 posted on 03/31/2009 6:59:40 PM PDT by Cindy
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To: Kaslin

The State Department has been pushing policies to make our USA a third-world failure for years. Now, Omama wants to put in Harold Koh as its legal adviser to make State an even worse swamp.

Wake up citizens, our shining city on a hill is being destroyed from within by traitors. Arise, and defend our Constitution, our republic and our freedoms.


16 posted on 03/31/2009 7:07:24 PM PDT by RicocheT
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To: LucyT

Thanks for the ping.

It just gets crazier and crazier.


17 posted on 03/31/2009 7:13:20 PM PDT by little jeremiah (Asato Ma Sad Gama Tamasi Ma Jyotir Gama)
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To: little jeremiah

does he pay his taxes? if not, everything is in place for him


18 posted on 03/31/2009 7:26:35 PM PDT by terycarl
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To: Raycpa
"So if a Sri Lanka judge decides its okay to carry weapons, ban abortion, imprison homosexuals and kill fox from helicopters we should use that as a precedent?"

As Scalia has pointed out, "foreign law" is just a pretext for trying to legitimate one's own prejudices. You can find everything you want (or don't want) in foreign law.

So what are the criteria for picking and choosing from among the laws of other nations?

19 posted on 03/31/2009 7:29:41 PM PDT by cookcounty (Obama's got Bush's inheritance .......and now he wants your kids'.)
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To: LucyT

“....in an appropriate case, he didn’t see any reason why Shariah law would not be applied to govern a case in the United States.”

***I don’t think I’d like to know what ‘he’ would consider an appropriate case.

This is just wrong...so very wrong.


20 posted on 03/31/2009 7:32:00 PM PDT by azishot (I just joined the NRA.)
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