On the plus side, the New York Times chose to write a story about the opposition former Clinton administration official Harold Koh is facing from conservatives over his appointment as State Department legal adviser. Unfortunately the NYT then completely ignored Koh’s most controversial legal beliefs in support of legal transnationalism. As National Review’s Ed Whelan explains, transnationalism is not an epithet created by conservatives, it is how Koh describes his own beliefs. Also at National Review, Andy McCarthy explains why the fight over Koh’s nomination matters: This is an argument …
While we did borrow much of Britain’s common law framework at our founding, for over 200 years our nation has survived just fine by relying on our own judicial precedents when deciding Supreme Court cases. But as Heritage research associate Deborah O’Malley explains, that is very much in danger of changing: Some Supreme Court justices have taken to using international law as a reference point to interpret provisions of the U.S. Constitution. Yale Law School Dean Harold Koh applauds the practice, hailing these justices for ushering in the dawn of …
