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Tuesday, February 7, 2012


Supreme Court Justice Ginsburg visited Cairo, Egypt last week and suggested that Egypt not use the U. S. Constitution as a model in forming a direction for the formation of Egypt’s new constitution.  She said she would not use the U.S. Constitution in 2012 for the basis of forming a new government.  Yes, this is a U. S. Supreme Court Justice speaking. 

Ginsburg was traveling in Egypt to speak with Egyptian judges.  In an interview with a reporter she was asked to explain the foundation of the U. S. Constitution and how it could be applied to today’s Egypt.  When asked about models for the Egyptian people, Ginsburg said Egyptians “should certainly be aided by all the constitution-writing that has gone on since the end of World War II.”  Is Ginsburg suggesting anything written prior to WWII is archaic and out dated?  She then suggested Egypt look to South Africa’s Constitution, and to Canada’s 1982 Charter of Rights and Freedoms, and the European Convention on Human Rights.  Ginsburg stated, “Why not take advantage of what else there is in the world?”

Ginsburg’s comments are not alien to her overall philosophy.  She has previously stated that she weighs foreign law as well as U. S. law when forming her legal opinions as a Supreme Court Justice.  She must not understand the oath she took when she became a SC Justice.  She had to swear to uphold the U. S. Constitution – not the Canadian Charter of Rights, not South Africa’s Constitution, and certainly not the European Convention on Human Rights, nor any other countries’ rules and laws. 

Can you imagine what Ginsburg’s position will be the first time the Supreme Court hears a case on whether or not Islamic (Shariah) Law can be used in American courts?  It is only a matter of time before that issue reaches the Justices.  More than 20 state courts are currently considering laws to ban state judges from considering Shariah laws in American courtrooms.   But in Oklahoma a federal appeals judge has already ruled that Oklahoma cannot ban the use of Islamic (Shariah) law or international law in Oklahoma courts.   No doubt about it.  The issue will eventually end up before the Supreme Court and before Justice Ginsburg. 

Think your vote isn’t important in 2012?  Planning on staying home because the Republicans are acting like playground bullies?  You better change your mind fast and get to the polls in November.  If Obama spends another four years in office he will undoubtedly have the opportunity to appoint another Progressive Liberal to the bench.  He’s already done it twice – Sotomayor and Kagen. Ginsburg isn’t going to live forever, or she may choose to retire.   But as bad as she is, another Obama appointment could be even worse.   

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