More on Foreign Law
Orin Kerr at Volokh talks about Michael J Kelly's criticisms of Justices Scalia and Thomas in relation to foreign law.
I think Kerr's analysis is right. To simply state that Scalia is "afraid" is a joke. Even if you totally disagree with the man, it must be recognized that he has not backed down from supporting his views on the law. And to just say that Thomas has no intellectual curiosity is almost libel. If he had no intellectual curiosity, I doubt we would be a judge. He would've taken a job as a ditch digger and watched American Idol for the rest of his life.
I think Kerr's analysis is right. To simply state that Scalia is "afraid" is a joke. Even if you totally disagree with the man, it must be recognized that he has not backed down from supporting his views on the law. And to just say that Thomas has no intellectual curiosity is almost libel. If he had no intellectual curiosity, I doubt we would be a judge. He would've taken a job as a ditch digger and watched American Idol for the rest of his life.
