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Whose constitution is it, anyway? Supreme Court justices are importing foreign law, signaling a historic and deplorable shift.(The Law)

National Review

| December 08, 2003 | Bork, Robert H. | COPYRIGHT 2003 National Review, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

WHAT is going on here? Justice Sandra Day O'Connor in a recent speech said that decisions of other countries' courts could be persuasive authority in American courts. At a time when 30 percent of the U.S. gross national product is internationally derived, she said, "no institution of government can afford to ignore the rest of the world."

She is by no means alone on the Supreme Court. Six of that Court's nine members have either written or joined in opinions citing foreign authorities. The most astonishing, or risible, so far was Justice Stephen Breyer's opinion arguing that he found "useful" in interpreting our Constitution decisions by the Privy Council of ...

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