Posted on 08/06/2003 1:34:41 PM PDT by comnet
Ginsburg: Rulings in other countries are relevant here
U.S. Supreme Court
The U.S. Supreme Court is looking beyond America's borders for guidance in handling cases on issues like the death penalty and gay rights, according to Justice Ruth Bader Ginsburg.
The justices referred to the findings of foreign courts this summer in their 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 Saturday 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. She 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."
Ginsburg said 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."
Monday, August 4, 2003
UNBELIEVABLE!!!!
It was this statement(from Post#18) that made me think that:
Asked if there might come a day when it would no longer be the last word on the law, she said: "Well, you always have the power of entering into treaties with other nations which also become part of the law of the land, but I can't see the day when we won't have a constitution in our nation."
What difference does it make if they can interpret however they want.
Most of this court is on life support, and in dire need of a diaper change.
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