Defending Harold Koh
Chris Borgen and I have an op-ed in today’s Philadelphia Inquirer — you can access it here — defending Yale Law School Dean Harold Koh’s nomination to serve as the Legal Adviser to Secretary of State Hillary Clinton. Our inspiration for writing it was Rick Santorum’s recent column, which suggested Harold Koh was un-American, and launched a general attack on international law having any role in U.S. law or foreign law serving as any source of interpretative authority within the U.S. legal system. Our op-ed suggests that whatever roots isolationism may have as an American tradition, Koh’s critics have painted an inaccurate and incomplete portrait of Koh’s positions, and, in doing so, ignored a distinct American tradition of international engagement with both international and foreign law.
Meanwhile, the Senate Foreign Relations Committee is scheduled to take up Dean Koh’s nomination tomorrow at 2:15.