Following up on Peggy's post from yesterday and her earlier post today, Judge Alito was more explicit today in his rejection of the use of foreign and international law to interpret the Bill of Rights. Key quote: "I think the framers would be stunned by the idea that the Bill of Rights is to be interpreted by taking a poll...
There is a bit more on foreign and international sources at today's hearings. This from the SCOTUSBlog live blog:10.43 Coburn says that reference to foreign law undermines democracy and a violation of the Constitution. He thinks its use violates the "good behavior" qualification for judges.10.41 Alito doesn't think foreign law is relevant either. The framers would be "stunned" to know...
Peggy has already posted on one of the most important international law aspects of the Alito hearings today. But there was also some very useful discussion of executive authority under the Jackson trilogy of Youngstown. Here is an exchange between Senator Leahy and Alito that addresses torture and presidential authority: "LEAHY: Now, three years ago, the...
Sure, Judge Alito is getting grilled by the Senate, but let's turn to really important stuff. Like the news today that the Republic of Djibouti has filed an application with the International Court of Justice against France alleging France violated its treaty obligations to provide judicial assistance in a Djibouti criminal investigation. This looks like a fairly tedious and...
SCOTUSBlog's live blogging from the Alito hearings includes this exchange between Senator Kyl and Judge Alito on the appropriateness of foreign and international law in U.S. jurisprudence:12:58: Sen. Kyl asks when it is appropriate to focus on foreign law. Alito says it is not helpful to interpret the constitution. The structure of our government is unique to our country. As...
During this last week, while enjoying participating in the dialogue on this website, I have made several references to the humane treatment obligation imposed by the law of war (or, as known to many, international humanitarian law). I believe it is essential that the United States express uncompromising commitment to this norm, and ensure that it is understood and implemented...
A group of prominent law scholars and attorneys has issued a letter rejecting the U.S. government's legal justification for the NSA spying program (the legality of which Professor Weinberger and I debated here and here). This is not your typical letter by the liberal law professoriate (although the usual suspects like Harold Koh, Laurence Tribe and Kathleen Sullivan appear). The...
Recent news reports indicate that the U.S. is pressing ahead with plans to build a high security prison in Afghanistan (see here and here). According to these reports, this is in preparation for transferring hundreds of "enemy combatants" from U.S. to Afghan custody. These detainees are currently held in U.S. operated detention facilities in both Afghanistan and Guantanamo Bay.While...
Thanks Professor Ku for raising some great questions in response to my Courts-Martial v. Military Commission post. I will try and clarify some of my views.First, my discussion of this alternate tribunal was directed more towards Chancellor Merkel's comment that some alternate means must be developed to deal with the detainees at GTMO. I agree with you that use of...
There is great commentary today at Prawfsblawg, Concurring Opinions, and Tax Prof Blog on the topic of law blogging. In light of that discussion, I thought it might be interesting to know what are the most popular law blogs based on traffic reports available here.I am excluding blogs by law professors that are not true law blogs (e.g., Instapundit (#4),...
I just wanted to jump in with a quick response to Geoffrey Corn's excellent post in favor of general court martials over military commissions. If I read his post correctly, he is criticizing the Guantanamo detention centers and the use of military commissions on pragmatic foreign policy grounds rather than on purely legal ones. In other words, he is...
Following up on my earlier post on brewing problems in Latin America, Bolivia’s ex-coca farmer President-elect has sought China's assistance in developing Bolivia’s gas reserves. The Bolivians emphasize that China is not the only country they are interested in for energy development partnerships, France and Spain are also possibilities. President-elect Morales has also said that companies currently invested in Bolivia—largely...
