Thursday, March 03, 2005

Profiles in Extremism ... Check them all out

It's hard to be shocked by a lot of what the legal profession brings us. Did you know that the U.S. Supreme Court is just nine lawyers with robes on? Well, their decision this week to outlaw capital punishment for offenses committed by minors was not alarming because of the result. What is extremely alarming, though, is the Court's usage of foreign authority/sentiment to support its decision. You may recall that the same Justice Kennedy who wrote the juvenile death penalty opinion this week also referenced foreign authority in striking down the Texas sodomy law. Hmmm. Seems like a trend. And a scary one indeed.

Where do these lawyers get the authority to look to foreigners who agree with them to support their interpretation of the Consitution? It's pretty audacious, if you think about it.

Here are the scathing and right-on remarks by that extremist Justice Scalia:
"The Court thus proclaims itself sole arbiter of our Nation's moral standards--and in the course of discharging that awesome responsibility purports to take guidance from the views of foreign courts and legislatures. Because I do not believe that the meaning of our Eighth Amendment, any more than the meaning of other provisions of our Constitution, should be determined by the subjective views of five Members of this Court and like-minded foreigners, I dissent."
Amen. And incidentally, Justice Scalia and I hold to our positions in spite of the fact that U.S. abortion laws are out of the "mainstream" of world opinion ... that is, abortions are easier to get here than most of the world. So ... I suppose that the foreign authority juggernaut will eventually hit the brick wall of liberal, result-oriented jurisprudence.

Please continue reading down for more ... Profiles in Extremism.