That’s the title of my new Confirmation Tales post, which begins:
As legal disputes emerge, they often become matters of inquiry at Supreme Court confirmation hearings. In the early 2000s, controversy erupted over the increasing reliance by various justices on foreign and international law in interpreting provisions of the Constitution.
In late April 2009, just three days before Justice David Souter announced his retirement, Sonia Sotomayor gave a terribly muddled speech in which she defended resort to foreign and international law to decide legal issues generally. That speech ensured that the topic would be prominent in her battle for confirmation.
If you find Sotomayor’s confusions head-spinning (as you should), just wait until you encounter her confirmation testimony.