I Wanna Be A Kennedy
I'm no Anthony Kennedy fan at all. In my opinion, he will always be sitting in Robert Bork's chair on the Supreme Court, and doing nowhere near the job that Bork would do. Delay is right to knock Kennedy on the use of international law in his decisions. He did it most recently in Roper v Simmons. International law is used when the Justice cannot find case law in this country to back up his or her opinion. They end up selectively choosing what international law to follow. If they are going to use it, use it all. The next time an abortion case comes before the Court, Kennedy or Breyer or any of the other "internationalists" should review the law and state that we are one of six nations in the world that allows abortion on demand until viability. Cite that law and follow it in your opinion if international law is so persuasive.
Kennedy pulled the ol' international authority business previously in Lawrence v Texas. I re-read the case today for Con Law, in preparation for discussion on Monday. He cited international law, but not all of the international law on topic. Kennedy only chose the law that agreed with him. Even if you agree with how these cases are decided, I don't see how inclusion of international law can be allowed in cases involving OUR Constitution. It's ours. It's good. It's lasted a hell of a long time. In that time, we've managed to keep the nation running on domestic precedent (aside from English Common Law, where a shitload of our terms come from). Keep international law out of a nation document.
I'll defend Kennedy on one thing. Delay attacked him for doing his research on the Internet. That isn't in itself bad. There's a ton of good info available online. Hopefully, Kennedy is staying on sites that have at least some basis in reality.