To Ignore or not To Ignore: A Silly Debate in the U.S. Supreme Court?

Culture of Judicial Independence (Shetreet ed. Brill 2016)

University of Utah College of Law Research Paper No. 167

18 Pages Posted: 3 Apr 2016 Last revised: 28 Apr 2016

See all articles by Wayne McCormack

Wayne McCormack

University of Utah - S.J. Quinney College of Law

Date Written: April 15, 2015

Abstract

Among the many important and trenchant debates that take place in the U.S. Supreme Court, there occasionally emerges a debate that at first glance could be described as silly for grown professionals. Justice Scalia could be seen as contending that the Court must turn a blind eye to what other nations think about an issue of law, even if there is a consensus among the international community on the issue. In truth, however, his approach is part of a more subtle and broader debate, primarily regarding the degree to which constitutional interpretation should take account of changing societal norms.

Keywords: foreign law, interpretation, us constitution

JEL Classification: K33, K42

Suggested Citation

McCormack, Wayne, To Ignore or not To Ignore: A Silly Debate in the U.S. Supreme Court? (April 15, 2015). Culture of Judicial Independence (Shetreet ed. Brill 2016), University of Utah College of Law Research Paper No. 167, Available at SSRN: https://ssrn.com/abstract=2757769

Wayne McCormack (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

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