I spend some of my time brooding about people who seem addicted to double standards--those who take an allegedly principled stand on a Monday, then switch firmly to the opposite principle on Tuesday if it is to their advantage. A lot of this is considered normal today: free-speech hard-liners who support the severe speech limitations of the campaign reform law, people who were outraged by the campaign that bumped CBS's anti-Reagan made-for-TV movie off the network but not upset by a similar campaign that forced the cancellation of Dr. Laura Schlessinger's planned television show.
Some Supreme Court justices have become fond of taking guidance from international standards, as in Roper v. Simmons, the recent decision to bar the death penalty for those under age 18. But do not look for the court to condemn cloning, as the United Nations did by a vote of 84 to 34, or to modify abortion policies to bring them into line with the much more restrictive ones of most developed countries. What the justices mean is that we should look to world standards when those standards support their political preferences.
Justice Antonin Scalia, in his Roper dissent, tossed a grenade at the American Psychological Association on grounds of double standards. In an abortion case before the Supreme Court in 1990, the APA said a "rich body of research" showed that by age 14 or 15 people are mature enough to choose abortion because they have "abilities similar to adults in reasoning about moral dilemmas." But the APA's certitude of the strong moral grasp of young teens apparently evaporated just in time for Roper, in which it told the court that minors just aren't mature enough to be eligible for the maximum penalty faced by adult killers.
I'm especially troubled by the notion that our Supreme Court justices now think it's important to look to foreign law to justify their decisions. We operate under the United States Constitution, not some One World Body. Personally, I'd impeach any Supreme Court Justice who cited foreign law in their arguments - they clearly are not qualified for the bench.
Read the whole thing - he really nails it.
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