The Corner

More on Harold Koh’s Transnationalism

In addition to my introductory post outlining the case that I will present against State Department nominee Harold Koh, I now have the next two posts in the series up on Bench Memos — one explaining transnationalism generally, and one (the first of two parts) on customary international law. Much more to come.

By the way, some folks seem to imagine that “transnationalism” is an epithet invented by conservatives to stigmatize lefty-schmefty internationalists like Koh for their disregard for American national interests. In fact, Koh himself, in articles like “Transnational Public Law Litigation” and “Why Transnational Law Matters” and the ones I quote in the linked posts, has championed the label. If the term now sounds like an epithet, perhaps it’s earned its stigma.

Ed Whelan — Ed Whelan is a leading commentator on nominations to the Supreme Court and the lower courts and on issues of constitutional law.

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