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Why Ban Foreign Laws?

23 Mar

Citizens and legislators that wish to ban the use and application of Foreign Laws in U.S.Federal and State Courts have been derided and decried as racist xenophobes.

In Missouri, at least to legislators have introduced such legislation Here is the text of one of the bills.

Islamophobia, Racism, Xenophobia!  The 3 favorite Cards of the Left!

h/t kentlaw.edu

From the Kansas City Star, “This is an attack on Islam and clearly an Islamophobia bill,” said Jamilah Nasheed, a St. Louis Democrat who is Muslim. “It’s a bill that’s being pushed by ignorant people that know nothing about Islam.”

And, from the Boston Herald, “An attorney for the St. Louis chapter of the Council on American-Islamic Relations said the U.S. Constitution already prohibits religion from being used as a basis for laws.

“It’s a political stunt being done to fan the flames of intolerance, nothing more,” attorney Jim Hacking said.

Yes, Curtman and his allies are clearly wrong to think that a Missouri court might consult religious law or other foreign law to decide cases.  There is certainly no evidence of that.

Except…

From Human Events, “On March 3, Hillsborough Circuit Judge Richard Nielsen announced that he would decide the case by consulting shari’a law to determine whether the arbitration was conducted properly, and should therefore be binding.  Only if his adventure in Islamic scholarship determines the arbitration was invalid will he revert to using Florida civil law to determine the ultimate outcome of the case.”

Only AFTER looking at Shari’a law will the judge apply Florida Civil Law?!?!?

And, from our Supreme Court Justices…

Supreme Court

h/t huffingtonpost.com

In USA Today, “Writing for the majority in a landmark decision supporting gay civil rights, Justice Anthony Kennedy noted that the European Court of Human Rights and other foreign courts have affirmed the “rights of homosexual adults to engage in intimate, consensual conduct.””

In the Huffington Post, “Breyer said there are those who complain about the high court potentially looking at what other countries do when they are resolving cases involving U.S. law.

“I say that’s a wonderful political debate. It’s good, but it’s pretty irrelevant because when I do read things, I can read what I want,” Breyer said.

If judges in another country with similar laws have a similar case, a judge should be able to consider how they solved it, Breyer said in remarks at the Johns Hopkins University Paul H. Nitze School of Advanced International Studies.

Clearly, there is plenty to worry about from our Supreme Court down to State Level courts.  Yes, Missourians should fear the activism of jurists on many counts, and kudos to the Missouri Legislators who have the foresight to fight this problem proactively!

(flags h/t kentlaw.edu)

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Posted by on March 23, 2011 in Constitution, Liberals, Racism

 

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