POWER LINE NOTES some troubling comments by Stephen Breyer about foreign sources of law.
Breyer may or may not be accurately quoted, but I’ll note a more general point. The “internationalization” of constitutional law is often seen as a liberal project, but it shouldn’t be. Even if “international” is a synonym for “European,” the consequences of importing, say, European law on abortion wouldn’t be so liberal as the rules there are much stricter. I think that it’s a bad idea in general, but I don’t think we’ll see much more than rhetoric in this area.