Posted on 05/23/2005 11:01:59 PM PDT by TheOtherOne
Supreme Court Justice Stevens Says Getting International Opinions a Responsible Practice
Published: May 24, 2005 INDIANAPOLIS (AP) - Allowing U.S. courts to consider the views of other judges - including international jurists - while making a decision is a responsible practice, Supreme Court Justice John Paul Stevens said during a speech Monday.
His comments related to a March decision by the Supreme Court that ruled it unconstitutional to execute juvenile killers, ending a practice in 19 states that has been roundly condemned by many of America's closest allies.
The 5-4 decision threw out the death sentences of 72 murderers who were under 18 when they committed their crimes and barred states from seeking to execute minors for future crimes.
Juvenile offenders have been put to death in recent years in only a few other countries, including Iran, Pakistan, China and Saudi Arabia. Justice Anthony Kennedy cited international opposition to the practice.
Three of Stevens' fellow justices - Chief Justice William H. Rehnquist, Antonin Scalia and Clarence Thomas - have said foreign law has no relevance. Scalia has been increasingly critical of the practice in recent months, pointing to decisions in recent years to decriminalize gay sex and ban the execution of the mentally retarded.
The U.S. judiciary does not place too much importance on international opinion rather than obeying the provision that the Constitution and congressional acts combine to create "the supreme law of the land," Stevens said.
There is a vast difference between U.S. justices considering meaningful views of scholars and judges before reaching a conclusion and allowing international opinion to control the interpretation of U.S. laws, Stevens said at a meeting of the 7th Circuit Bar Association and Judicial Conference of the Seventh Circuit.
"We should not be impeached for the former," he said. "And we are not guilty of the latter."
AP-ES-05-24-05 0119EDT
That kind of treasonous behavior ought to be good under the law for a hanging.
This coupled with the news of the so called compromise in the Senate is enough to make any Nationalist sick to his or her stomach.
"We should not be impeached for the former," he said. "And we are not guilty of the latter."
That is his defense. Of the opinions I have read, it is true, none have relied on foriegn or international law for precidence. Although it has started to creep in as dicta, etc.
Liberal are sure good at "nuance".
You don't have to leave the country to live in a socialist state. Just go to Taxachoosetts!
I suppose he is consulting decisions from the Muslim communities.
that's a hanging offense
Wrong. Wrong. Wrong.
Wrong.
Ruth Bader Ginsburg is still far and away the worst.
She may be the most leftist individual to ever sit on the Supreme Court.
(I'm open to corrections)
Was Clinton that good, or did the Republicans just really abdicate their duty?
Gerald Ford's pathetic legacy is on display for everyone to see.
Yes, there's a vast difference. However, neither is relevant in interpretation of the United States Constitution.
Any suitably self-preserving state would have severe penalties for this crap.
Why, we do have penalties for just such an event..but no one with the (I'll be polite) intestinal fortitude to enforce them.
They went along to get along.
Just like now.
Ginsburg was confirmed 96-3.
Imagine that
Wow, she must be really mainstream! 96, DAMN! So that must be at least 30 Republicans, I wonder how many are still serving, of those who voted yea on Ginsburg?
I wish I could find who were the three who voted against her.
I bet that eccentric fellow from New Hampshire was one....Bob Smith.
Probably Jesse Helms too.
Damn I miss Helms...he was diligent.
Helms was one of only three senators to vote against Ruth Bader Ginsburg's Supreme Court nomination. He stated that she was "likely to uphold the homosexual agenda."
Prophetic.
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