Justice Bader: U.S. Could Learn from Foreign Laws

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U.S. Supreme Court Justice Ruth Bader Ginsburg says judges could learn from courts in other countries.

At a recent meeting of international lawyers, Ginsberg said getting good ideas from foreign law could be helpful in resolving some of the tougher issues judges handle.

Besides, she added, American judges "are free to consult all manner of commentary - Restatements, Treatises, what law professors or even law students write copiously in law reviews, and, in the internet age, any number of legal blogs."

"If we can consult those sources, why not the analysis of a question similar to the one we confront contained, for example, in an opinion of the Supreme Court of Canada, the Constitutional Court of South Africa, the German Constitutional Court, or the European Court of Human Rights?" she challenged.
    
Meanwhile, other justices like Antonin Scaliaon are against using foreign law in any Supreme Court decisions. They're concerned it would affect their interpretation of U.S. law.

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