Role of foreign law in American courts

Judging the truth

By Frank Gaffney Jr.
Monday, July 27, 2009

During confirmation hearings for Supreme Court nominees, Senators always try to draw out the witnesses on their judicial philosophy and views about the constitutional implications of topical issues. Lately, with few exceptions, the would-be justices have deftly deflected the questions, truthfully but opaquely responding in ways that offer little grist for critics’ mills.

Judge Sonya Sotomayor may have provided one of the exceptions. In particular, the totality of what is now known about her views concerning the role of foreign law in American courts suggest both a lack of candor before the Judiciary Committee and a judicial philosophy that is at odds with the Constitution of the United States. These issues should feature prominently as that panel meets Tuesday to vote on her nomination.

That will certainly be the case if Committee member Sen. Tom Coburn of Oklahoma has his way. Last week, he issued a press release raising an alarm about Judge Sotomayor’s statements on the subject of “the use of foreign law in American courts.â€