Friday, July 01, 2005

Views on foreign law in US constitutional law - questions for Supreme Court nominees

One lurking question in the Supreme Court appointment fight is where any of the possible candidates stand on the question of foreign (and unratified international) law in US constitutional adjudication. As numerous previous posts on this blog have argued, it is an absolutely essential question of judicial philosophy, and one in which the President has a chance to change the Court's direction, given that Justice O'Connor has been a strong proponent of the trend. Yet I have read nothing that gives any indication of where possible nominees stand on this vital matter.

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