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Unformatted text preview: Dartmouth 2K9 CERD Ptix Links LAB SS JZ 1NC Link Ruling on international law unpopular viewed as unlimiting and arbitrary New York Times 8 (U.S. Court Is Now Guiding Fewer Nations, http://www.nytimes.com/2008/09/18/us/18legal.html?pagewanted=print) Yet citations to foreign and international law in recent Supreme Court decisions ignited an enormous furor in Congress and in the popular consciousness . The opinion of the world community, Justice Anthony M. Kennedy wrote for the majority in Roper v. Simmons, the 2005 decision that struck down the death penalty for juvenile offenders, while not controlling our outcome, does provide respected and significant confirmation for our own conclusions. Justice Kennedy cited, among other things, the United Nations Convention on the Rights of the Child, the African Charter on the Rights and Welfare of the Child, and the Criminal Justice Act from the United Kingdom. In Lawrence v. Texas, the 2003 decision striking down a Texas law making homosexual sex a crime, Justice Kennedy cited three decisions of the European Court of Human Rights, noting that homosexual conduct was accepted as an integral part of human freedom in many countries. Justice Antonin Scalia, dissenting in Roper v. Simmons, fired back. The basic premise of the courts argument that American law should conform to the laws of the rest of the world ought to be rejected out of hand, he wrote. The issue has rankled Justice Kennedy. Theres kind of a know-nothing quality to the debate , it seems to me, of being suspicious of foreign things, he said in remarks at a judicial conference in July. At their confirmation hearings, Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr. indicated that they were opposed to the citation of foreign law in constitutional cases. Chief Justice Roberts noted that foreign judges were not accountable to the American people and said that allowing the use of foreign precedent expanded judicial discretion. Foreign law, you can find anything you want , Chief Justice Roberts said. Looking at foreign law for support is like looking out over a crowd and picking out your friends . The controversy over the citation of foreign law in American courts is freighted with misconceptions . One is that the practice is somehow new or unusual. The other is that to cite such a decision is to be bound by it....
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This note was uploaded on 12/20/2010 for the course K 101 taught by Professor Staff during the Fall '10 term at UMass Lowell.
- Fall '10