July 16, 2009
COBURN TAKES AN INTEREST IN FOREIGN LAW.... The conservative preoccupation with judicial references to foreign law has always been rather misguided. But sensible or not, the right takes this very seriously.
Indeed, just yesterday, Sen. Tom Coburn, a far-right Republican from Oklahoma, reminded Judge Sonia Sotomayor:
"We don't want judges to consider legislation and foreign law that's developed through bodies, elected bodies outside of this country."
I think that's a little closed-minded, but Coburn's perspective on this is hardly unusual.
What was interesting, though, was what Coburn told Sotomayor less than 24 hours later:
"What I was trying to draw out to you is, where do we stand in this country when 80% of the rest of the world allows abortion only before 12 weeks, only before 12 weeks?
"And yet we allow it for any reason, at any time, for any inconvenience under the health of the woman aspect."
Sotomayor did not remind Coburn that he wants her to disregard "foreign law that's developed through elected bodies outside of this country," but I kind of wish she had.
—Steve Benen 4:45 PM
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darn good thing that Puerto Rico doesn't have any laws of its own!
Posted by: bdbd on July 16, 2009 at 4:50 PM | PERMALINK
What would you expect from the vagina doctor who dispenses spiritual advise to men who cheat on their wives.
Posted by: ScottW on July 16, 2009 at 4:51 PM | PERMALINK
I would dig up that recent dissent where Scalia quotes the Talmud as part of his reasoning (i.e. 3,000 year old foriegn law), but I am too lazy and we know these people are hypocrites regardless.
Posted by: flounder on July 16, 2009 at 5:06 PM | PERMALINK
I'd add opportunists to flounder's comments.
Posted by: mlm on July 16, 2009 at 5:10 PM | PERMALINK
Coburn: "And yet we allow it for any reason, at any time, for any inconvenience under the health of the woman aspect."
'The health of the woman' is a nonissue, of course. Your job, ladies, is to pump out babies--period! God gave you that womb and it is an offense not to use it!!!
Posted by: Monty on July 16, 2009 at 5:16 PM | PERMALINK
Monty (@ 5:16), don't leave out the men. Remember, every sperm is sacred. I'm sure the repugs would outlaw vasectomies and masturbation if they thought they could get away with it.
Posted by: Michael W on July 16, 2009 at 5:20 PM | PERMALINK
And no one should read books written by foreigners! Or watch movies made by foreigners! Or eat food grown in foreign countries! And no one who leaves the country should be allowed back in!
Posted by: Conservatroll on July 16, 2009 at 5:22 PM | PERMALINK
Well, there goes Greek, Roman and British common law - all right out the window.
Posted by: Speed on July 16, 2009 at 5:23 PM | PERMALINK
"Well, there goes Greek, Roman and British common law - all right out the window."
In fairness, i think British common law pre 1776 is OK.
Posted by: Johnny Canuck on July 16, 2009 at 5:46 PM | PERMALINK
As Michael W alludes, above - Jeez, it's all about abortion and sex with these guys, isn't it? They remind me of the Brits in those self-deprecating films like "No Sex, Please; We're British". Why is it that a party which espouses values such as "barefoot n' pregnant" and no sex until you're married and, when it's finally time, no wierd positions.....why is it that such a party turns out to contain so many.....ahem...sexual adventurers, shall we say?
In most any other situation, that would fall firmly under the label of "hyopocrisy". In Conservittyville, it's just business as usual.
Posted by: Mark on July 16, 2009 at 5:48 PM | PERMALINK
What is the GOP's position on the Monkey Farm in Guayama City in Puerto Rico?
Posted by: annjell on July 16, 2009 at 5:55 PM | PERMALINK
Puerto Rico is a commonwealth of the U.S. - I'm not sure about the comment, good thing PR doesn't have any of its own laws.
Or is it a joke, meaning that the sen. probably don't know that!
Posted by: annjell on July 16, 2009 at 5:57 PM | PERMALINK
This also completely disregards the fact that in these same countries that have SOCIALIZED HEALTHCARE that abortion is paid for by the state?!? Something that the GOP is ready to have a totally hissy fit about...
Posted by: zoe kentucky on July 16, 2009 at 6:13 PM | PERMALINK
Uh, weren't the enlightenment and democracy a foreign idea from France?
I'm sorry, but it's really hard to take anyone who's conservative seriously these days.
Posted by: TB on July 16, 2009 at 6:54 PM | PERMALINK
A poster child for the wingnuts is Jeff Sessions's pal, Judge Roy Moore.
"Roy Moore is a genuine celebrity for the Religious Right in America — his perpetual court cases over his various displays of the Ten Commandment have become a popular cause for fundamentalists around the country. Because of this, the court cases involving Moore play an important role in the relationship not only between church and state, but also between separationists and America’s religious right. "
Note that the Ten Commandments were given to Moses on Mt Sinai, which was not in or even near the US, and were written in Aramaic, a language now only spoken in parts of what is now Iraq. This makes the Ten Commandments indisputably foreign, along with everything else in the Bible, including Jesus.
The next time some senator (surely born again, all the wingnuts are) rants about "foreign legal ideas," I hope someone reminds the audience of this embarassing fact.
Posted by: vhh on July 16, 2009 at 7:01 PM | PERMALINK
Of course, 85-90% of abortions performed in this country occur within the first 12 weeks.
Posted by: JS on July 16, 2009 at 8:40 PM | PERMALINK
This split shows up with state/federal rights. Republicans tend to play one against the other whenever it suits their intended result.
Even on the same issue they switch positions. If they could get a constitutional amendment on an important issue, the issue should be controlled by federal law. But if they can't, they want states to be able to pass laws which might infringe the US constitution (because the area of law should be left to the states).
Posted by: tomj on July 16, 2009 at 8:53 PM | PERMALINK
I haven't been able to watch much of the hearings so maybe I missed it, but I've been waiting to hear somebody make the obvious point - what about law review articles and Restatements of the Law? Those aren't binding either, but they are referred to for insight all the time. Would conservatives forbid those too? This whole fake issue is so intellectually dishonest that it hurts my soul.
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Posted by: Godfrey on March 11, 2010 at 10:46 AM | PERMALINK