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Justice Breyer Just Doesn't Get It
What's wrong with citing rulings by judges in other countries, Supreme Court Justice Stephen Breyer asked attendees at the American Bar Association Convention in Chicago on Tuesday.Conservatives led by justices Antonin Scalia and Clarence Thomas have criticized Breyer for backing up opinions with references to rulings from abroad, such as a 2002 Death Row case in which Breyer cited decisions by British and Canadian courts and the European Court of Human Rights. The Supreme Court "...should not impose foreign moods, fads or fashions on Americans," Justice Thomas wrote in response. But Breyer said Tuesday, "We're not bound by any foreign laws... but this is a world in which more and more countries have come to have democratic systems of government with documents like our constitution that protect things like free expression. And there are judges. They have a job that is somewhat similar to the jobs we have. Why not learn something if we can?" "To tell you the truth, in some of these countries, they're just trying to create these independent judicial systems to protect human rights, contracts. If we cite them sometimes -- not as binding, I promise, not as binding -- well, that gives them a little boost sometimes... It sort of gives them a leg up for the rule of law." Breyer admits his and other justices' citing of non-U.S. cases "has hit a political nerve." It came to a head in March when the court voted 5-4 to outlaw the execution of juveniles, citing, amid other evidence, the fact that other countries had outlawed it. Breyer's comments came on the last day of the ABA's convention, attended by about 10,000 lawyers. Not a political nerve, you metrosexual, a US Constitutional nerve. If our republican democracy and Common Law don't define our laws to your satisfaction, you should ask to be appointed to the World Court at The Hague. Posted by: Anonymoose 2005-08-11 |
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