More on Scalia v. Breyer

Law professor Jamin Raskin weighs in on the debate beween Justices Breyer and Scalia on the role (if any) of foreign courts in constitutional interpretation. Raskin’s view of Breyer’s internationalism is more sympathetic than ours, partly because his understanding of the role of such reliance is more benign. Raskin views references to foreign laws and court decisions as a literary or rhetorical device, much like quoting the Bible or Shakespeare. That is, I think, a too-sanguine view of what the Court’s liberals are up to, but Raskin’s comments are worth reading.


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