Democratic Underground - Justice Kennedy on the use of foreign law and the sound of crickets coming from Sen Sessions' office

Senator Sessions said during Justice Sotomayor's confirmation hearing that the use of foreign law by judges is dangerous: �The novel idea that foreign law has a place in the interpretation of American law creates numerous dangers and a number of academics and even federal judges are, I would say, seduced by this idea... Judge Sotomayor clearly shares in that.�

Countless jurists, academics, and Supreme Court Justices have stated the importance of consulting but not relying on foreign law. Most recently Justice Breyer, Professor Goodwin Liu, and now Justice Kennedy explains, I am sure to the dismay and outrage of quite a few Neanderthal Senators.

Answering questions after a speech at the Palm Beach Country Bar Association, Friday, May 14th 2010
Nominated by Ronald Reagan on November 30, 1987
73 Years Old

"If we said that the UN or a foreign country has a certain rule and therefore our Constitution must mean that, that would be wrong, that would be silly. On the other hand, when we're looking at the human consequences, the institutional consequences, the institutional choices, that the law presents, I think it would be quite silly not to consult what other countries have done, what other countries have learned, for better or for ill. Can you imagine someone's whose career is in literature or science or medicine, saying that he or she is not interested in the developments and the discoveries and the failures and successes in a foreign country, why that would be absolutely silly, and the law is no different. But, we're not saying and this is very important, that because a foreign country does it our Constitution means that, it is a way for us to understand the consequences of these principles... Am I not suppose to read Plato, or Aristotle, or more recently Jacque Maritain, Hobbes, Locke... because they are foreign authors?

Sentaor Session is yet to issue a press release denouncing Justice Kennedy for his disloyalty and disdain for America.

Justice Kennedy on the use of foreign law and the sound of crickets coming from Sen Sessions' office [View All]