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March 1, 2005
by Matt Barr

At least they're citing some law

Orin Kerr, Prof. Althouse, various Cornerites and others too numerous to link are glomming onto the appearance of foreign precedents in Mr. Justice Kennedy's majority opinion (Mr. Justice Scalia is, too!). My possibly jaded thought is that at least they're following some law. But I wrote more seriously about this issue a year and a half ago (featuring the groanworthy opening line: "America wants no foreign rulers, explaining our reluctance to adopt the metric system"), and I can't think of what I might personally add to that. Read the links for thoughtful discussion on this admittedly important side issue.

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Blogs linking At least they're citing some law:

» Entirely predictable from Vote for Judges
Kennedy also, again, wrote a majority opinion overturning recent precedent. Lawrence overturned the 1986 decision in Bowers v. Georgia. Roper overturns the court's 1989 decision in Stanford v. Kentucky. In other words, if we're liberalizing U.S. l... [Read More]

Tracked on March 1, 2005 4:25 PM

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