Ginsburg: Int'l law shaped court rulings

AP | 8/03/03 | GINA HOLLAND

[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."

___

On the Net:

Supreme Court: http://www.supremecourtus.gov/

[reed_inthe_wind]

I was slow to join the fracas when Clinton was impeached. As much as I disliked the man, I felt that impeachment was very serious. It wasn't until Senator Byrd's famous speech, when I finally felt comfortable that the proceedings were legitimate. BUT NOW I WANT TO BE THE FIRST ONE TO SAY THAT GINSBURG IS A KOOK. Relying on external law to change the social customs of our country is not what a Supreme Court Justice should be doing. Her fantasy world has to come to an end.

[VOA]

She's a card-carrying liberal, right out of Central Casting.

And a very rich one as well (required filings show Ginsburg is the Supreme Court
Justice with the highest family net worth, Scalia is the poorest).

Actually, this is a case of the "give 'em enough rope" aspect of our
First Amendment.
The Justice's comments gave conservative/Republican fund-raisers a decade worth of
sound bites.

[longtermmemmory]

the "lone ranger" quip is a direct dig a Bush.

Ginsberg is an embarasment to the legal profession of the United States. (not that its difficult these days) ANY judge that is referencing NON-US law is as binding or influencial is and EMBARASSMENT TO THE BENCH.

Perhaps she shoul resign and go work for the Haugue courts.

[Vesuvian]

"Citing the famous Cuban Supreme Court decision in the case of Castro v. Peons, the Supreme Court upheld the right of Glorious and Most Supreme Leader hellary (wheeze) to execute all those who may not have voted for her...."

[takenoprisoner]

Reagan nominated Scalia.

Here's the oath Justices take.

"I, [NAME], do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as [TITLE] under the Constitution and laws of the United States. So help me God.''

Seems to me that Ginsburg who admits to seeking foreign guidance in her decisions has violated her oath by failing to perform her duties within the confines of the Constitution and the laws of the United States.

[ought-six]

This liberal barracuda took an oath to uphold the U.S. Constitution, not look to th elaws of other countries to interpret our laws. God, she has to go, as she clearly has violated her oath.

[Brilliant]

Our traitorous Supreme Court has violated its oath to uphold the US Constitution and is now enforcing the Europeans' constitutions in America.

[F16Fighter]

Ginsburg cited an international treaty in her vote in June to uphold the use of race in college admissions.

For her next law reference maybe Ginsburg can cite a Space Federation-Klingon case from a past 'Star Trek' episode...

This women is the most underrated dangerous liberal SC justice ever -- just how did the GOP EVER confirm her???

[Sir Gawain]

Traitor.

Ginsburg

[Sir Gawain]

Remember the Libertarians? The so-called defenders of the "true" Constitution heiled this ruling that required use of foreign laws and precedent to trump the Constitution.

All Libertarians speak with one voice? You must mean then that it was an official Libertarian Party press release. Do you have a link?

TIA.

[Republican Wildcat]

It was here for all to see. Don't play the ignorance card with me.

[Sir Gawain]

You made an accusation with no source to back it up. That means your accusation is worthless.

[breakem]

As much as we've sparred on homosexuals, I believe theis justice has proven she is unfit to be on the court. Need a mechanism to remove.

[Roscoe]

Justices "are becoming more open to comparative and international law perspectives," said Ginsburg, who has supported a more global view of judicial decision making.

Communists and Libertarians both dream of borderless global hegemony.

[savagesusie]

She looks possesed.

And very evil.

[F.J. Mitchell]

Our Constitution defied world opinion from the get go, but eventually much of earth's population benefitted from it's guidance.

Supreme Court Justices who make decisions based upon popular world opinion instead of our Constitution, are unfit to serve on the court and should be removed.

[vaudine]

Madame Ginsberg was not the head of the ACLU for years for nothing. It was a black day when she was appointed, much less confirmed. I read somewhere that in the ACLU's charter, they advocate the overthrow of our govt as we know it. If someone can find that, please post it.

She was speaking to a group of very liberal lawyers calling themselves a Constitutional Society. You can bet their aim is to change interpretation of the Constitution to Algore's
famous living document--i.e. the Constitution is what we say it is at any given time.

There are so many factions that want to see the demise of the US as we know it, that truly God is our only hope. And all these factions hate and/or deny God.

First, there are the total far left lunatics here that hate traditional America, especially hating the God-fearing, hard working middle class. These lunies include Hollywood, the Clintons and their globalist loving crowd--as far as they are concerned our sovereignty is gone.

Then there is the fifth column of Islam which is making inroads here and in Europe. They procreate much faster than the French, Germans, etc. They keep to themselves and live totally integrated lives inside Islam. While freedom of religion is wonderful, and in America that is a given, their leaders take every advantage of that.They believe that govts. should be led by their religious leaders and controlled by Islam. A number of the fanatic Islamists have publicly stated that they will one day have enough numbers to take over the nations they are coming into, have stated it both here, in England, and France. Already they are causing big troubles in Germany and France.

Then there are the Communists who, along with the Islamic countries hate us, and our commie fifth column residing in the above named culprits in paragraph 4.

Then there are the societies of global bigshots who want a globalist society they believe they can control, though if they ever get what they think they want, I doubt very much they could control the world if the US and Great Britain were gone.Among these are maurice Strong, Canadian businessman, a UN Official and advisor to Kofi Annan. He has stated that the world population must be cut to 100 million, even if it means engineering a complete world economic disaster. I suppose the rabid Environmentalists would fit in here as they are supported with funds from these billionaires.

Our legislators and bureaucracies are too afraid of being labeled discriminatory and racist to do what they need to do about immigrants coming in from countries that want to do us harm. Also too afraid of a backlash against Muslims over here now. While I do not condone pogroms and hate bashing the Muslims here now, why can't they put a lid on the organized Muslim groups that have raised money to send to terrorist countries and ban a few of these hate preaching imams. I thought it was against the law to plot sedition against this country. But I guess the Int'l Comm. wouldn't go for it and it might embarass people like Ms. Ginsburg and Miz Hillary.

And we have a group in Washington who think they are conservatives but cannot understand the threats through immigration and the courts, and couldn't articulate it if they did understand because of their political fear of their political future.

Enough rant for now.

vaudine

[takenoprisoner]

Everyone in America is an immigrant or the descendant of an immigrant family...less the native American Indian. A bit too late to shore up the borders donchathink? Few Americans accept the view of isolationism or else Pat Buchanan would be president. Perhaps you are a grieved Buchananite that would cause you to post such nonsense. This is a multi cultural society and it's too late to turn back the clock. Only a moron would think otherwise.

[takenoprisoner]

This Ginsburg revelation is not a Libertarian issue as some here would like to make it. In fact, some here would take a contest to see which tastes best, coke or pepsi and attempt to make it a Libertarian issue. All should question their motive for such.

[Reagan is King]

I'm speechless. She is a danger to this country. We simply HAVE to have a larger Senate majority in the next election to be able to get the justices we need on the court.