I always felt a sense of dread when I had to read one of Justice Ginsburg’s decisions as part of my legal research. Her writing was turgid and convoluted. The worst thing about her decisions, though, was how she misused case authority to create new principles out of whole cloth. Nothing shows that more than in her determination to bypass our American Constitution and law and look to foreign constitutions, laws, and customs.
Ginsburg did not much like our Constitution, and she wasn’t shy about showing it. In 2012, Ginsburg showed up in Egypt, offering some “helpful” advice to the Muslim Brotherhood in Egypt as it was contemplating the Egyptian Constitution of 2012:
“I would not look to the U.S. Constitution, if I were drafting a constitution in the year 2012,” Ginsburg said in an interview on Al Hayat television last Wednesday. “I might look at the constitution of South Africa. That was a deliberate attempt to have a fundamental instrument of government that embraced basic human rights, have an independent judiciary. It really is, I think, a great piece of work that was done.”
In July 2010, Ginsburg spoke at the International Academy of Comparative Law at American University. Her thesis was that the Court should be free to look to foreign law and even blogs for authority when deciding cases involving issues confined with America’s borders, such as homosexual relations and the death penalty.
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