The American Spectator

home
ADVERTISEMENT
Print Email
Text Size

The Spectacle Blog

Erick Erickson at RedState reads Sonia Sotomayor's written response to the judiciary committee's questions about the use of foreign law as amending her oral testimony to the point of reversing its meaning. I actually don't think it reverses her position so much as drains it of any meaningful content.

Sotomayor's statement that "[r]eading the decisions of foreign courts for ideas, however, does not constitute 'using' those decisions to decide cases" reminds me of the debate Justices Scalia and Breyer had on this topic a few years ago. "I'm not preventing you from reading [foreign] cases," Scalia quipped. "I mean, just indulge your curiosity! Just don't put it in your opinions!" Would Sotomayor cite foreign caselaw in her opinions? I suspect so, but her written and oral testimony, taken together, don't really answer the question one way or the other.

Leave a comment

Leave a Comment

N.B. We encourage readers to share and discuss their thoughtful and relevant comments about this Spectator article. Comments are routinely monitored and will be deleted if profane, bigoted, or grossly impolite. Please be respectful. (And don't feed the trolls!) Thank you.

More Blog Posts by John Tabin

http://spectator.org/blog/2009/07/22/it-depends-on-what-the-meaning

ADVERTISEMENT

The Spectacle Blog

Meghan McCain Doesn't Get It

Jeffrey Lord | 1:36PM

The Paul Factor

W. James Antle, III | 1:29PM

Bain v. Solyndra

W. James Antle, III | 12:11PM

Illusionist

Yogi Love | 10:06AM

At Least He Apologized

Ross Kaminsky | 8:34AM

Gallup: Veterans Prefer Romney

W. James Antle, III | 5.28.12

SPONSORED LINKS

Special Feature

Better that we become a nation of choosers rather than beggars. Our symposium on choice from the May, 2012 issue:

A Time for Choosing

James Piereson

The Road from Serfdom

Stephen Moore and Peter Ferrara

FLASHBACK TO: 1984

Clip of the Day

Most Popular Articles

Meet the Flukes!

F. H. Buckley | 5.25.12

Terror by Any Other Name

Robert Stacy McCain | 5.29.12

The Wisconsin Turning Point

Peter Ferrara | 5.23.12

In Search of Muhammad

Aymenn Jawad Al-Tamimi | 5.25.12

The White House Sieve

Jed Babbin | 5.29.12

Age and Kyl

Quin Hillyer | 5.25.12

Osceola Who?

Reid Collins | 5.29.12

ADVERTISEMENT