O'Connor Extols Role of International Law

[Rose Siding]

WASHINGTON - Justice Sandra Day O'Connor (news - web sites) extolled Wednesday the growing role of international law in U.S. courts, saying judges would be negligent if they disregarded its importance in a post-Sept. 11 world of heightened tensions.

In a 15-minute speech at Georgetown law school, O'Connor made no mention of the health of Chief Justice William H. Rehnquist, 80, who was hospitalized this week for thyroid cancer and is expected to return to work Monday. There also was no additional details from a court spokeswoman on his condition Wednesday.

O'Connor said the Supreme Court is increasingly taking cases that demand a better understanding of foreign legal systems. A recent example was last term's terror cases involving the U.S. detention of foreign-born detainees at Guantanamo Bay, Cuba, she said.

"International law is no longer a specialty. ...It is vital if judges are to faithfully discharge their duties," O'Connor told attendees at a ceremony dedicating Georgetown's new international law center.

http://story.news.yahoo.com/news?tmpl=story&cid=512&ncid=701&e=1&u=/ap/20041027/ap_on_go_co/scotus_o_connor

It's significant for her to say this right now. The conservative justices really don't like int'l law to be used in our court decisions.

[aquart]

1. Is she saying she'd hand George to The Hague?

I know I would.

[burrowowl]

3. I'm surprised

maybe she means International Bidness Law usually perpetrated by the U$!?!?
:wow:

[GOPNotForMe]

2. Yeah, the neocons REALLY hate this talk.

[Crunchy Frog]

4. I bet she's got buyers remorse.

I don't think we'll see a repeat of 2000 in the Supreme Court this time.

[saracat]

5. She needs to be careful. She might be accused of being a terrorist!

[TaleWgnDg]

6. Yes, Justice O'Connor has been saying this same message . . .

for quite some time now on the speaking circuit b4 legal audiences. O'Connor, at times, opines that our constitution is a "living breathing" document and has stated views about "international law."

Justice Antonin Scalia (and his echo, Justice Clarence Thomas), on the other hand, are vehemently against it. Scalia practices the legal theory of "original intent," meaning he's extremely rigid. For example, if the words do not exist in the constitution and the so-called "framers" said nothing then Scalia will toss the case out of Court, period. Scalia opposes the legal view that the constitution is a "living breathing document," thus "international law" as well.

So much for allowing more Scalias on the bench, which would happen if GWBush remains on his throne and the Democrats get caught off guard in the Senate!

The most recent cases of juvenile (u/ 18 y.o.) death penalty u/ the 8th amendment's cruel and unusual punishment brings in "evolving standards of decency" case law and looks at societies all over the globe and compares us to them. This is where Scalia extends his parental finger wagging at us all, then panders and pontificates like hell in his usual dissent.

It's hoped that O'Connor and Kennedy will be swayed to look at the "evolving standards" indicia around the world and apply it through our own case law when these new juvenile death penalty cases are reviewed by the U.S.Sup.Ct. as they did w/ the mentally retarded cases.

If Chief Justice Rehnquist doesn't return to the bench during this session or retires or dies of cancer (or medical complications), then it will set the Court on it's head! 4-4 ties mean that the lower courts opinions stand (are not over-turned) because it takes a majority on the U.S. Supreme Court bench to over-turn a lower court's opinion.


. . . . . . . . . . . . . . . . .




.