[Tex]

Originally Posted by il Padrino Ute

I appreciate you posting those links, Tex. I finally got around to reading them.

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.

No problem.

Originally Posted by Cali Coug

It is more accurate than your explanation of Ginsberg's "reliance" on foreign law.

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?

I remember watching a debate/discussion between Stephen Breyer and Scalia that touched on this topic. Scalia joked that Breyer can read foreign law as much as he wants, as long as he doesn't cite it in his opinions/dissents.

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.