Five Judges and “Like-Minded Foreigners”

That’s who makes the law of our land, apparently. The Supreme Court ruled yesterday that the death penalty is unconstitutional for anyone who commits a capital crime before the age of 18, and the five judge majority cited United Nations conventions, international treaties, and the law of the United Kingdom in reaching its decision.

This isn’t the first time this has happened. Two years ago, the court cited foreign laws and courts in the Lawrence v. Texas case, which overturned anti-sodomy laws in all states.

Regardless of where you stand on these cases, the bigger issue is how they were decided. As Justice Scalia noted, the five judges who comprised the majority yesterday overruled the will of the people in 19 states by deferring to the opinions of “like-minded foreigners”. If we are indeed the freest nation in the world, why would we consider the laws of nations less free when deciding legal issues?

This is a disturbing trend. Our highest court is doing what no foreign invader ever has–subjugating Americans to the laws of a foreign nation.


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