Conservative Icon Justice Antonin Scalia uses foreign law in recent ruling

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When a thought could have been expressed more concisely, one does not always have to cast about for some additional meaning to the word or phrase that could have been dispensed with. This has always been understood. A House of Lords opinion holds, for example, that in the phrase “‘in addition to and not in derogation of’” the last part adds nothing but emphasis. -Justice Scalia
http://www.supremecourt.gov/opinions/10pdf/09-907.pdf

"Both Justice Scalia and Justice Thomas have written extensively criticizing the use of foreign and international law in Supreme Court decisions." -Justice Sotomayor
http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?position=all&page=S7058&dbname=2009_record



"Isn’t foreign law then simply a vehicle by which judges indulge their own policy preferences?" -Senator Sessions



“A Supreme Court justice has no authority to make judgments based on international law, much less world opinion. I have serious concerns with any judge who, in the back of (his) mind, is worried about offending the international community while making a decision about a case in the United States." -Senator Coburn

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1. Senator Sessions response:

[rug]

2. To be fair, obiter dicta are not precedents.

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3. I believe that is our response

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5. He used it in a US court ruling, is he an American Judge?

[rug]

8. He could quote Cicero in passing. That wouldn't make him a Roman.

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11. Hey, come to think of it, where was Scalia born?

[rug]

12. Trenton, although his father's original intent was Philadelphia.

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15. Where is the birth certificate?

[nemo137]

4. I could see an argument about this being OK because of the roots of the American legal tradition

in British jurisprudence, but Scalia's a partisan hack who will say anything to advance his feudalist agenda, so I'm not looking for consistency.

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6. Can we cite a Roman praetor's edict using that rationalization?

[nemo137]

19. Do we generally consider the edicts of Roman praetors to be part of the Common Law?

I have some sympathy with the idea that it's possible to glean wisdom from foreign law, and that law and rulings from other countries in the Anglosphere might be more immediately applicable because of similar patterns of precedent.

I don't, as jackassy as it sounds, think that Scalia's put as much thought into it as I have, on account of him being a hack of the first order.

[Puregonzo1188]

7. Don't all of the Justices cite English Common Law all of the time?

Going back to the earliest court opinions?

[aquart]

9. Yup. That's what makes the whole stupid business so specious.

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10. If they do they need a very strong reprimand! They are American Judges!

:evilgrin:

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14. Did we not win the revolutionary war?!?!

[Faryn Balyncd]

13. Replicans should IMPEACH him.

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16. +1

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17. I am outraged!

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18. Senator Coburns response:

cricket chirp!

[grahamhgreen]

20. Who voted to confirm this genius?

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21. 98 Senators because they were focused on Rehnquist