Ginsburg Shares Views on Influence of Foreign Law on Her Court, and Vice Versa - The New York Times
In a controversial statement, Supreme Court of The United States Associate Justice Ruth Bader Ginsberg defended the use of foreign law by American Judges. Ginsberg contends that a lack of reciprocity in recognizing foreign laws has led to the diminished influence of the United States. Ginsberg said the Canadian Supreme Court is "probably cited more widely abroad than the U.S. Supreme Court." She continued "You will not be listened to if you don’t listen to others.”
However, Chief Justice John Roberts has a differing view of the use if International Law in U.S. court decisions: “If we’re relying on a decision from a German judge about what our Constitution means, no president accountable to the people appointed that judge and no Senate accountable to the people confirmed that judge,” Chief Justice Roberts said at his confirmation hearing. “And yet he’s playing a role in shaping the law that binds the people in this country.”
While it is a noble gesture to want to include the rest of the world in U.S. court decisions, the fact of the matter is that capitualting to laws born of foreign constitutions is a violation of U.S. sovereignty and it is this violation that may lead to a diminished view of the U.S. on the world stage.