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Ginsburg: Int'l law shaped court rulings
AP
| 8/03/03
| GINA HOLLAND
Posted on 08/03/2003 7:04:18 AM PDT by kattracks
WASHINGTON (AP) The Supreme Court is looking beyond America's borders for guidance in handling cases on issues like the death penalty and gay rights, Justice Ruth Bader Ginsburg said Saturday.
The justices referred to the findings of foreign courts this summer in their own ruling that states may not punish gay couples for having sex.
And in 2002, the court said that executing mentally retarded people is unconstitutionally cruel. That ruling noted that the practice was opposed internationally.
"Our island or lone ranger mentality is beginning to change," Ginsburg said during a speech to the American Constitution Society, a liberal lawyers group holding its first convention.
Justices "are becoming more open to comparative and international law perspectives," said Ginsburg, who has supported a more global view of judicial decision making.
Ginsburg cited an international treaty in her vote in June to uphold the use of race in college admissions.
The shift has angered some conservatives. Justice Antonin Scalia, in the gay sex case, wrote with two colleagues that the court should not "impose foreign moods, fads, or fashions on Americans."
David Rivkin Jr., a conservative Washington attorney, said foreign trends can be helpful to legislators in setting policy, but not to judges in interpreting the U.S. Constitution.
Last month, Ginsburg and Justices Sandra Day O'Connor and Stephen Breyer discussed the death penalty and terrorism with French President Jacques Chirac during a European tour. France outlawed the death penalty in 1981. Ginsburg was one of five justices who attended a conference on the European constitution.
Ginsburg said Saturday that the Internet is making decisions of courts in other countries more readily available in America, and they should not be ignored.
"While you are the American Constitution Society, your perspective on constitutional law should encompass the world," she told the group of judges, lawyers and students. "We are the losers if we do not both share our experiences with and learn from others."
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On the Net:
Supreme Court: http://www.supremecourtus.gov/
TOPICS: Constitution/Conservatism; Culture/Society; Extended News; Front Page News; News/Current Events
KEYWORDS: deathpenalty; globalism; lawrencevtexas; ruthbaderginsburg; scotus; transjudicialism
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To: VOA
To: Roscoe
"The voluntary support of laws, formed by persons of their own choice, distinguishes peculiarly the minds capable of self-government. The contrary spirit is anarchy, which of necessity produces despotism." --Thomas JeffersonWell if you agree with Libertarian principles--and you have certainly quoted the most celebrated American Libertarian--why would you make the ridiculous statement that you did in fact make, comparing Libertarians to their exact opposites, the Communists?
Incidentally, no reasonable person has ever accused Mrs. Justice Ginsberg of being a Libertarian; and the statement with which this thread is concerned, is about as unlibertarian as it is unconservative, unethical and immoral. It can only be justified or understood in terms of the far Left's commitment to promote their ends by any means available.
William Flax Return Of The Gods Web Site
102
posted on
08/04/2003 1:39:44 PM PDT
by
Ohioan
To: Ohioan
you have certainly quoted the most celebrated American Libertarian-- Nonsense.
103
posted on
08/04/2003 1:45:25 PM PDT
by
Roscoe
To: Ohioan
104
posted on
08/04/2003 1:50:31 PM PDT
by
Roscoe
To: kattracks
This malfeasance should be looked into with an eye towards the possible impeachment of Ginsburg and her judicial co-travellers....
105
posted on
08/04/2003 2:16:08 PM PDT
by
tracer
(/b>)
To: Kevin Curry
What would you do? Post sex police in bedrooms to monitor behavior to enforce your belief? Or require all bedrooms in America to be equipped with cameras to monitor sexual behaviors to enforce your belief? What about the right to privacy? Just how far would you go to enforce your beliefs?
If you don't believe folks have a right to privacy you are in the wrong nation.
I believe the behavior wrong and immoral. But I am also reasonable enough to realize any law preventing it is not only unreasonalbe but unenforceable without having my own right to privacy violated.
Are you telling me you all the sex police or monitors in your own bedroom?
106
posted on
08/04/2003 5:51:02 PM PDT
by
takenoprisoner
(stand for freedom or get the helloutta the way)
To: Roscoe
Did you live in the deep backwoods? Have you ever visited a major city? In my neck of the woods we have about every imaginable nationality represented in some number or another.
In my neck of the woods we have about 15 mosques. The bulk of the labor force is comprised immigrant Mexicans. The Canadians flock thru here enmasse in route to Flordia. I can go to any one of hundreds of Chinese, Tai, Jamaican, Mexican, Vietnamese, etc etc restaurants owned and operated by immigrants. My dentist is from Peru and my medical doctor is from India. Oh yea, it's a little late Roscoe. To believe othewise is thinking small.
107
posted on
08/04/2003 6:15:13 PM PDT
by
takenoprisoner
(stand for freedom or get the helloutta the way)
To: takenoprisoner
The bulk of the labor force is comprised immigrant Mexicans. The Canadians flock thru here enmasse in route to Flordia. I can go to any one of hundreds of Chinese, Tai, Jamaican, Mexican, Vietnamese, etc etc restaurants owned and operated by immigrants. My dentist is from Peru and my medical doctor is from India. What does that have to do with the Libertarian/Socialist dream of open borders and unrestricted immigration?
108
posted on
08/05/2003 12:38:56 AM PDT
by
Roscoe
To: takenoprisoner
If you don't believe folks have a right to privacy you are in the wrong nation. Another champion of centralized government.
109
posted on
08/05/2003 12:41:20 AM PDT
by
Roscoe
To: kattracks
Our RATIFIED Constitution should restrict all rulings. Otherwise impeach and remove the rogue blackrobes corrupting our body of law.
Who would have thought Arlen McSpectre's affinity for Scottish criminal law in presidential impeachment removal from office might qualify him for SCOTUS.
Blackrobes' terms of office for "good behavior" means while obeying the Law of the Land.
Our nation is ruled by agenda driven, utopian socialist scoundrels with arrogant disregard for our inconvenient RATIFIED Constitutional Rule of Law.
Ex-ACLU Ginsie wants to lower the "age of sexual consent" to 12. Girls just want to have fun.
110
posted on
08/05/2003 12:59:21 AM PDT
by
SevenDaysInMay
(Federal judges and justices serve for periods of good behavior, not life. Article III sec. 1)
To: Dan from Michigan
Bump.
111
posted on
08/05/2003 1:03:14 AM PDT
by
SevenDaysInMay
(Federal judges and justices serve for periods of good behavior, not life. Article III sec. 1)
To: dufekin; kattracks; Dan from Michigan
"Ruth Bader Ginsburg, ...deserves to be impeached, convicted, and removed from office because she obviously has not read nor believed in the Constitution under which she supposedly ought to adjudicate " Rush was just talking about this. Obviously a direct violation of her oath to uphold US Constitutional law. SCOTUS judges are only there on "good behavior". IMPEACH AND REMOVE!!
112
posted on
08/05/2003 12:17:25 PM PDT
by
Xthe17th
(FREE THE STATES. Repeal the 17th amendment!)
To: Sir Gawain
Like I said, don't play the ignorance card with me. Pretending you don't recall the extensive debate on this forum at the time of the ruling is simply not credible.
I'm through wasting time with you. This will be my last post on the matter, at least as far as this thread is concerned. We both know what was said. Good bye!
113
posted on
08/06/2003 8:15:06 PM PDT
by
Republican Wildcat
(Help us elect Republicans in Kentucky! Click on my name for links to all the 2003 candidates!)
To: kattracks
R E V O L T
114
posted on
11/06/2003 9:48:07 PM PST
by
Kay Soze
(Revolt is the only way now that Supreme Court renders decisions based upon other nations laws.)
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