Judicial Tourism

What's wrong with the U.S. Supreme Court citing foreign law.

References to foreign law in Supreme Court opinions have become controversial. Nevertheless, it was startling when Sen. Tom Coburn suggested in the Roberts confirmation hearings that justices who cite foreign authority might deserve impeachment. At first glance, it is hard to see why these side-glances at what other countries do have provoked such alarm. True, the references have increased somewhat, but they remain rare, and no one suggests that the court has directly based any of its interpretations of the Constitution on foreign authority. Read more.