Useless Toady posted a hit piece today on Mr. Justice Antonin Scalia.
The article says:
Writing for the majority in a landmark decision supporting gay civil rights, Justice Anthony Kennedy noted that the European Court of Human Rights and other foreign courts have affirmed the ”rights of homosexual adults to engage in intimate, consensual conduct.”
Never before had the Supreme Court’s majority cited a foreign legal precedent in such a big case.
the article explains Scalia’s position this way, in part:
”The views of other nations, however enlightened the justices of this court may think them to be, cannot be imposed upon Americans through the Constitution.” Chief Justice William Rehnquist and Justice Clarence Thomas joined Scalia in his dissent.
Scalia’s right here, I think. The justices are charged with applying our constitution, not the rulings of foreign courts.
Of course it’s a rather slippery way to grant foreign powers jurisdiction within our borders and our culture… a good deal of whom would like to see us fall.
Tags: BitsBlog
