Ed Whelan’s Bench Memos series on Yale Law School Dean Harold Koh’s jurisprudence of transnationalism is absolutely essential reading.
Dean Koh has been nominated to be the legal adviser to the Obama State Department. I posted a response here in the Corner on Saturday to Ted Olson’s endorsement of Koh and intimation that opposition should be construed as an attack on the nominee’s integrity and intellect. As I said, that is most decidedly not the case.
This is a vitally needed debate about policy: in particular, about whether the covenant between the American people and their government — our very existence as a self-determining nation — should be eradicated in favor of a post-sovereign arrangement in which we are ruled by federal judges and unelected international bureaucrats imposing international law as continuously “evolved” by law professors and Leftist NGOs.
Here in the Corner, Ed has just posted some of Dean Koh’s astounding views on what he regards as America’s troubling ”narcissism” on such fundamental rights as free-speech. The Bench Memos posts (three so far) can he found here, here, and here.