Koh and Justice Ginsburg - Soulmates

... A court should decide cases based on the facts and law before it. What anyone else, and most particularly foreign courts, think of the decision should be irrelevant to the decision-making process.

This is why fighting the Koh nomination is getting bloody and will probably get bloodier as we get closer to confirmation. The idea that our government should operate under any law save the Constitution is so outrageous as to place the individual arguing otherwise beyond reason.

Either we have a Constitution that we force our government to live under or we grant them the ability to import laws and precedents from anywhere in the world in order that they can justify doing anything they wish to us.

This is more than an ideological or partisan battle. It is a fight for the soul of America. Other nation's do not view individual liberty as we do and we are likely to lose it if we use other nation's legal formulations on what the relationship between government and its citizens should be.

[Not according to Koh...]

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