In Her Honor's words:
To a large extent, I believe, the critics in Congress and in the media misperceive how and why U.S. courts refer to foreign and international court decisions. We refer to decisions rendered abroad, it bears repetition, not as controlling authorities, but for their indication, in Judge Wald's words, of "common denominators of basic fairness governing relationships between the governors and the governed."
The purpose of the SC is NOT to determine what is "fair". It is to determine if a given act violates the Constitution or not. Not what the justice wants the Constitution to say, but what it says. If this is her thought process, I hope she sleeps while cases are argued in front of her more often.
1 comment:
I like your post. I didn't think of the sleep angle. I took a different tack at my blog.
Enjoy!
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