A while ago I wrote a blurb about the Supreme Court's growing trend of looking to law from other countries for guidance on complex legal issues. This article from Slate looks at the issue as well. It points out a house resolution sponsored by Florida's Tom Feeney (responsible for some of last summer's horrific Sentencing Guideline changes) called the "Reaffirmation of American Independence." It would, potentially, allow the impeachment of judges who cite foreign law. As I wrote before, the Supreme Court is the highest court in the federal food chain and it, therefore, bound by no other court's opinions. Why should a court case from the European Union be off limits if it's logically compelling? Not that logic has a lot to do with the "Reaffirmation" in the first place.
Monday, April 12, 2004
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