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| Justice Breyer Just Doesn't Get It |
| 2005-08-11 |
| 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 |
| #8 ..well, that gives them a little boost sometimes... What was that again about the road to hell? Someone tell Breyer that it's not his job to give other nations a boost. His job is to uphold OUR Constitution. |
| Posted by: Bomb-a-rama 2005-08-11 21:25 |
| #7 Oh dear, this is not good at all. 'documents like our constitution' - hmmm, well it depends what you mean by 'documents'. If you're talking about that abomination that is the *kof* european constitution (deliberately de-capitalised) then that's not fit to wipe a water-buffalos arse. Of course as there is 10^8 pages of it, there's enough to wipe a whole herd of buffalo arses with it. Is this guy up for retirement anytime soon? |
| Posted by: Tony (UK) 2005-08-11 16:22 |
| #6 Might as well start citing sharia, while you're at it. |
| Posted by: Rafael 2005-08-11 16:04 |
| #5 Breyer's comments came on the last day of the ABA's convention, attended by about 10,000 lawyers. Boy, talk about your target rich environment! |
| Posted by: BA 2005-08-11 14:13 |
| #4 What's wrong with citing rulings by judges in other countries, Supreme Court Justice Stephen Breyer asked Maybe, just maybe, because you took an oath to uphold and defend the Constitution of the United States not some transnational concept. If you no longer wish to represent the United States, please step down. Direct consent of the governed, faster, faster. |
| Posted by: Snomoting Ulerert9013 2005-08-11 14:04 |
| #3 Breyer sees all cultures as equal, except ours, which is lacking in the good sense |
| Posted by: Frank G 2005-08-11 13:53 |
| #2 It's nice that Justice Breyer wants to advance the rule of law in other countries. Is there any chance he could do some of that here? Only if he's got time in between legislating from the bench and running his mouth off at conferences, of course. |
| Posted by: WhiteCollarRedneck 2005-08-11 12:20 |
| #1 "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." Ladies and gentlemen -- affirmative action in a nutshell. |
| Posted by: Robert Crawford 2005-08-11 11:38 |