Outsourcing Law? International Law And Its Importance In The Kagan Hearing

From The Heritage Foundation:

Outsourcing Law? International Law and Its Importance in the Kagan HearingWhat are the foreign policy views of Supreme Court nominee Elena Kagan? What does she think about America's role in the world? At one time, such questions would have seemed irrelevant, if not impudent, for a Supreme Court nominee.




Today, however, as justices increasingly incorporate foreign and international law into Supreme Court jurisprudence, such questions are more than relevant. The line that divides legal disputes properly submitted to the courts and questions of executive authority over foreign affairs is becoming increasingly blurred, and there is a rising trend amongst some Supreme Court justices to cite foreign law even when addressing domestic constitutional issues. Questions involving the American position in the world – questions about international law and the status of international commitments in American domestic law – come before the Court almost every term.



In his most recent paper, Professor Jeremy Rabkin argues that the Senate must thoroughly question the Supreme Court nominee concerning her views on international law and American foreign policy. Join us as Professor Rabkin and Carrie Severino examine this important and timely issue