John Hindraker at Powerline.blog takes issue with Justice Breyer in Does Zimbabwean Law Overrule the Constitution?
Several Liberal Supreme Court Justices including both Breyer and Ruth Bader Ginsberg have defended citing foreign legal decisions in making their judicial decisions.
Of course if you believe that the Constitution is an “evolving” document that may be changed by judges based on their perception of evolving community standards, what is to prevent you from applying not just evolving American community standards, but international community standards. And what standards are to be used? Well, in one case, the standards of the Zimbabwean court.
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