Foreign Influence on the Supreme Court?

by:
Justin Lynch

http://www.nytimes.com/2009/04/12/us/12ginsburg.html

This isn't a class on the courts, but in looking at other ways of governing we can look at how other countries interpret their laws, and what effect that has on the United States. There is a philosophical argument among the current Supreme Court justices on whether or not to cite foreign court decisions when shaping current judicial rulings. There is an active debate with both sides having points with which I agree. Chief Justice Roberts has said the United States shouldn't be "...relying on a decision from a German judge about what our Constitution means..." while Justice Ruth Bader Ginsburg, the focus of the article, makes the good point that "You will not be listened to if you don't listen to others" and argues that American judges shouldn't have a problem reading into foreign judges' opinions if they can read an American professor's law review article.

Justice Ginsburg also argued forcefully for another woman on the court, saying "There I am all alone, and it doesn't look right," also pointing out that America's neighbor to the north, Canada, has four women on its Supreme Court. Agreed, Justice Ginsburg. Would adding another woman to the court mean a shift in ideology? That's up for debate. The Supreme Court used to be respected around the world for its precedent-making decisions and the rule of law as well as giving thought to a multitude of opinions...today, the Court is ruled by the old white male status quo.