But What Does Europe Say?–On Citing Foreign Court Decisions

Observers of the U.S. Supreme Court have noted a disturbing pattern in recent court decisions: Some justices are citing foreign court decisions in framing their own interpretation of the U.S. Constitution. This amounts to an internationalizing of the United States Constitution and raises disturbing and difficult questions about the future of the U.S. Supreme Court and its stewardship of our nation’s most fundamental document. Writing just last year, former judge Robert H. Bork issued an eloquent warning that America’s rule of law was being subverted by a rule of judges. Furthermore, those judges are increasingly looking to foreign court decisions as grounds for pushing what amounts to a cultural revolution at the expense of the U.S. Constitution.

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