bobsheridan at earthlink.net
Thu Jan 12 09:17:31 PST 2006
Douglas Edlin wrote:
What do people make of this? Regardless of one's view of the propriety
of citing foreign materials, do others on the list believe that it would
be proper to impeach a judge for citing these materials?
This country is full of ideas, some of them beyond sanity. The problem
isn't citing foreign precedent, it's having to deal with the folks in
opposition whose ability to think stops at the edge of their
Someone called to attention this: "Never underestimate the power of
stupid people in large organizations."
> Sen. Tom Coburn questioned Judge Alito yesterday about the citation of
> foreign legal sources in the interpretation of the United States
> Constitution. Judge Alito agreed with Dr. Coburn that it is improper
> for Supreme Court justices to reference foreign legal materials when
> interpreting the Constitution, but I don't want to pursue that issue
> at the moment. In the course of his questioning, Dr. Coburn mentioned
> more than once that he believes it violates the "good behavior"
> provision of Art. III, Sec. 1 for justices to cite foreign legal
> materials when interpreting the Constitution. This seems a veiled (or
> not so veiled) threat of potential impeachment proceedings against
> justices who might cite these materials in the future. What do people
> make of this? Regardless of one's view of the propriety of citing
> foreign materials, do others on the list believe that it would be
> proper to impeach a judge for citing these materials?
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