(Ruth Bader) Ginsburg: Int'l Law Shaped Court Rulings

[Rose Siding]

Ginsburg: Int'l Law Shaped Court Rulings

WASHINGTON -- 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.

snip>

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."

http://www.newsday.com/news/politics/wire/sns-ap-ginsburg,0,590131.story?coll=sns-ap-politics-headlines

[tedoll78]

1. When called for, it rightly should do so.

When the court is looking for trends in Western civilization in attempts to find rational bases, the court is perfectly in context to do so.

For example, when Texas' lawyers in the sodomy case claimed that western civilization condemns same-sex acts, the court is right to verify that claim; the prosecutors opened-up that box, and its contents were used against them.

[SharonAnn]

2. Well, good heavens. Our Constitution was based on ideas

from other countries. It was just put together and consolidated here.

Is there no limit to the chauvinism of the right-wingers? Oh, I forgot, God speaks to them.

[Zan_of_Texas]

3. Yes, and not only that.

Our constitution, and the federation of states, drew from a number of places, including ideas and working models that came from the Native Americans who were already here.

The Six Nations that comprised the Iroquois Confederacy fascinated the founders.

Here's a bibliography. http://www.ratical.org/many_worlds/6Nations/NAPSnEoD.html#TOC

[sujan]

4. interesting

Thank you for the link.

[Kucinich04]

5. Another thing to piss of the wingnuts...

Sure, tell them about the Constitution coming from other places, but also point out that Christianity is a complete hybrid of ideas from older religions. Let them know that there isn't one damn thing about their religion that wasn't ripped off! They love that news!

[aquart]

6. Since Scalia relies neither on the constitution nor US legal precedent

for his decisions, what is it he feels SHOULD be the basis of those decisions?

The yea vote goes to whoever gives his family a job?