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   Disorder in our high court

NEWS INFORMATION

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News Date

3/20/2005 12:00 am

Author

Media

USA Today

Category

Commentary

Database Record

Entered 3/31/2005, Updated 3/31/2005

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While our nation's attention has been focused on revolutions taking place in the Middle East and around the world, what hasn't gotten much notice is a revolution of sorts going on right here in the American court system. In a disturbing departure, the Supreme Court is trending away from employing the U.S. Constitution to interpret U.S. law, and is increasingly relying on international law and opinion as the basis for domestic legal decisions. In the recent Supreme Court decision to overturn laws permitting the executions of 16- and 17-year-old killers, Justice Anthony Kennedy signaled clearly that the court would increasingly look abroad for guidance in interpreting our Constitution. He points out that the court is building a tradition of referring "to the laws of other countries and to international authorities as instructive for its interpretation" of the Constitution. In fact, five justices spent five pages referencing international law in their opinion. Unfortunately, this isn't just one renegade case:


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