If Obama signs the UN human rights declaration, it will happen here.
Supreme Court Justice Ruth Bader Ginsburg is only the latest and most high-profile jurist to express her enthusiasm for overseas precedents; in fact, a growing number of judges in American appellate courts are indicating a willingness to submit U.S. jurisprudence – and the meaning of the United States Constitution – to the rulings of foreign judges and international courts.
Ordinarily, I keep the focus of these columns on court cases and litigation based here in the United States. But anyone keenly watching the political skies has to realize that legal clouds are gathering dark and fast over other parts of the world – particularly Europe – and those clouds, sooner than we want to think, will be precipitating undesirable judicial activity on this side of the Atlantic.
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