04-13-2009, 09:47 PM | #31 | |
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Ginsburg's method is a free-for-all for the views of whoever happens to be sitting on the bench. Maybe you'd like to define for us the criteria for which foreign law to include, beyond "I just like it!" Mark Steyn ably points out, "By 'listening to others,' Justice Ginsburg means, in effect, Europe, Canada and one or two other places: There's no suggestion she's interested in Saudi jurists' views on capital punishment for sodomy or Yemeni precedents on women's rights."
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"Have we been commanded not to call a prophet an insular racist? Link?" "And yes, [2010] is a very good year to be a Democrat. Perhaps the best year in decades ..." - Cali Coug "Oh dear, granny, what a long tail our puss has got." - Brigham Young Last edited by Tex; 04-13-2009 at 09:56 PM. |
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04-13-2009, 10:25 PM | #32 | |
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It would seem that many feel that the Iowa Justices felt compelled to force their own personal views upon the citizens of the state of Iowa.
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04-13-2009, 10:25 PM | #33 | |
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Note in the quote you posted that she associates the citation and "reliance" on foreign law with that of a law review journal. While you may not understand the precedential authority granted to various sources of legal information, let me assure you that law reviews are near the bottom (if not at the bottom). They can be persuasive and helpful, but they aren't binding authority and nobody uses them as such. Are you suggesting the court should be prohibited from reading outside sources for informational purposes? |
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04-13-2009, 10:59 PM | #34 | ||
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I personally don't see a reason why someone would look to foreign law for anything, unless it was just to hunt for substantiation for an opinion they already hold. [Two exceptions cited by Scalia: interpretation of treaties with foreign entities, and the authoring of a constitution.] I think Ginsburg engaged in ridiculous hyperbole in her citation of the Holocaust. Ditto her lamentation that Canadian jurisprudence is (according to her) more oft cited in the world than American.
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"Have we been commanded not to call a prophet an insular racist? Link?" "And yes, [2010] is a very good year to be a Democrat. Perhaps the best year in decades ..." - Cali Coug "Oh dear, granny, what a long tail our puss has got." - Brigham Young Last edited by Tex; 04-13-2009 at 11:02 PM. |
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04-14-2009, 04:54 AM | #35 | |
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04-14-2009, 12:53 PM | #36 |
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LOL, except that THAT substantiation comes from the Constitution rather than some Belgian legal treatise.
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04-14-2009, 01:53 PM | #37 | |
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Ginsburg doesn't trust the people (since they once voted for people who created a Holocaust), so she thinks it's her role to help a society evolve. And if she can't find justification for what she wants in US law, she consults foreign law. There are no rules for this kind of approach outside the whims of the judge.
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04-14-2009, 03:56 PM | #38 |
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04-14-2009, 03:58 PM | #39 | |
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04-14-2009, 05:00 PM | #40 | |
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Originalism is not perfect. But better to have wishy-washy parameters, than none at all.
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