Friday, January 14, 2005

Not that hard

Today's flap is the deferral by American courts to those of other countries, which was the subject of a debate between Justices Breyer and Scalia. I'd be happy if they'd just give more deference to the will of the people as expressed in laws passed by legislatures. Citing foreign judicial decisions as authorities for judicial opinions here strikes me as a lot like the teenager whining about her mother's refusal to allow her to get her navel pierced, "But all the other kids' mothers let them do it." We all know the answer to that.

It sounds like a foolhardy practice. Even if a decision doesn't actually follow foreign jurisprudence, merely mentioning it would bring down fire and brimstone. This whole subject brings up the issue of whether the Iraq War is illegal. Before you follow someone else, make sure he knows where he's going and is wise.

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