Judge Sotomayor said that foreign law should not be used to “determine” the meaning of provisions of the Constitution or federal statutes (except where the law directs otherwise). Is she changing the position that she set forth an hour earlier? How many inconsistent positions can she adopt on this single issue?
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About the Author
Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
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