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    Morning Bell: A Victory for the Rule of Law

    In his opening statement Monday, Sen. Lindsey Graham (R-SC) told Supreme Court nominee Sonia Sotomayor: “I don’t think anybody here worked harder for Senator McCain than I did, but we lost, and President Obama won. And that ought to matter. It does to me…Unless you have a complete meltdown, you’re … More

    Koh’s Goal for the Legal Trade in Arms: Ban It

    Harold Koh, the nominee for Legal Adviser to the State Department, supports “the global regulation of small arms” and a “global gun control regime.” And he believes it is “needlessly provocative” for any U.S. representative to refer to the right to bear arms when speaking to a foreign audience: the … More

    The Second Amendment vs International Law

    On March 23, President Obama nominated Harold Koh, former Dean of the Yale Law School, to be Legal Adviser at the U.S. Department of State. As Heritage U.S. Senate Relations Director Brian Darling writes in Human Events, “one of the many concerns [conservatives have] with Koh is his belief that … More

    And Then What, Dean Koh?

    Today’s confirmation hearing for Harold Koh, President Obama’s nominee as Legal Adviser for the State Department, is an important hurdle, but it’s not the last one. As a transnationalist, Koh is not normally respectful of the Senate’s “advice and consent” role in making treaties. The full Senate can therefore be … More

    Questions for Koh

    Today at 2:15 the Senate Committee on Foreign Relations will hold a confirmation hearing for State Department Legal Adviser nominee Harold Koh. While Koh has an impeccable academic resume, his opinions opinions regarding the role that rulings of foreign courts should play within the U.S. legal system raise serious national … More

    What Happens When the First Amendment Meets Criminalization of Speech?

    As we pointed out on Monday, State Department Legal Advisor nominee Harold Koh’s praise for the “Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials” is misguided in several respects. One of these is that the Convention requires all signatories to criminalize … More

    Harold Koh on International Norms and “Skeptical” Nation-States

    The Administration’s nominee for Legal Adviser to the State Department, Harold Koh, has explained – in his 1998 Frankel Lecture, later published in the Houston Law Review – that one of the Adviser’s roles is to “help maintain . . . habitual compliance with internalized international norms.” He has also … More

    Harold Koh’s Misguided Praise for the Inter-American Convention

    Last week, during his visit to Mexico, administration officials confirmed that Pres. Obama will push the U.S. Senate to ratify the “Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials.” The Clinton administration signed the treaty after the Organization of American States … More

    Should the U.S. Be the Bloodhound of Tyrants?

    Yesterday, during his visit to Mexico, senior administration officials confirmed that President Obama will push the U.S. Senate to ratify the “Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials.” The Clinton administration signed the treaty, better known by its Spanish acronym … More

    Koh Update: Questions for Koh

    The Washington Independent‘s David Weigel has a very fair piece on conservative efforts to educate the public about  State Department legal advisor nominee Harold Koh’s “transnationalist” legal beliefs. Weigel quotes National Review’s Ed Whelan: “What judicial transnationalism is really all about is depriving American citizens of their powers of representative … More