Bench Memos

Europeans and Us

William McGurn, a regular weekly columnist in the Wall Street Journal, has an excellent piece today discussing—in the context of the California supreme court’s review of Proposition 8—how the judicial usurpation of representative government corrodes our politics.  (Note/disclosure:  The piece includes a quote from me.)

Also in today’s WSJ, law professors Jack Goldsmith and Eric Posner argue that “Europe’s commitment to international law is largely rhetorical” and that (in a comparison that will upset Europe’s Bush-haters) “[l]ike the Bush administration, Europeans obey international law when it advances their interests and discard it when it does not.”  As Goldsmith and Posner put it simply, “Europeans hold their values and interests dear, just as Americans do, and will not subordinate them to the requirements of international law.”  Ditto for why Americans resist subordinating their values and interests to judicial contrivance of newfangled constitutional “rights”.

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