Justice Breyer Should Be Impeached
From the Chicago Sun Times:
What's wrong with citing rulings by judges in other countries, Supreme Court Justice Stephen Breyer asked attendees at the American Bar Association Convention in Chicago on Tuesday.My Comments:
Conservatives led by justices Antonin Scalia and Clarence Thomas have criticized Breyer for backing up opinions with references to rulings from abroad, such as a 2002 Death Row case in which Breyer cited decisions by British and Canadian courts and the European Court of Human Rights.
The Supreme Court ". . . should not impose foreign moods, fads or fashions on Americans," Justice Thomas wrote in response.
But Breyer said Tuesday, "We're not bound by any foreign laws . . . but this is a world in which more and more countries have come to have democratic systems of government with documents like our constitution that protect things like free expression. And there are judges. They have a job that is somewhat similar to the jobs we have. Why not learn something if we can?"
"To tell you the truth, in some of these countries, they're just trying to create these independent judicial systems to protect human rights, contracts. If we cite them sometimes -- not as binding, I promise, not as binding --well, that gives them a little boost sometimes . . . It sort of gives them a leg up for the rule of law."
Breyer admits his and other justices' citing of non-U.S. cases "has hit a political nerve."
(emphasis added)
"... citing of non-U.S. cases 'has hit a political nerve'." Well, I should say so!
So, according to Justice Breyer, the role of the federal judiciary in interpreting OUR Constitution should be to help prop up struggling democracies around the world by applying foreign law?
Breyer asks "Why not learn something if we can?" - just what is it we're going to learn from struggling democracies? We have over 200 years of constitutional jurisprudence to guide our federal courts, and Justice Breyer thinks our courts need to cite "precedence" - if you can call it that - from "countries ... just trying to create these independent judicial systems" because it "sort of gives them a leg up for the rule of law".
Out-friggin-rageous! Start the impeachment proceedings NOW!
posted by Pro Ecclesia 9:26 AM
3 comments
3 Comments:
If we cite them sometimes -- not as binding, I promise, not as binding --well, that gives them a little boost sometimes . . . It sort of gives them a leg up for the rule of law."
Proving once again, that as a jurist, he starts with his desired end and works backward to make a justification for it.
You know, Rick, I hadn't really thought about it in those terms, but you're exactly right.
Impeaching justices will never work, at least for things other than personal criminality. The problem with doing it for their opinions and judgements is that they never act alone, so you'd have to impeach them 3, 4, and 5 at a time, which will never happen and shouldn't happen since no president should get to make five lifetime appointments at a time.
Breyer is by no means alone in his support for foreign law. Impeaching him alone would be unjust and impeaching his foreign-law brethren unworkable.
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