Mark Levin reports that "Last month, Justice Ginsburg gave a speech in South Africa defending the Supreme Court's (and her) use of foreign law in adjudicating cases under our Constitution." His article offers a superb deconstruction of her speech and its arguments. He concludes:
What Ginsburg and other activists don’t appear to realize is that they are undermining the legitimacy of the judiciary by their refusal to accept the limited role of judges in our constitutional system.
Those following the Supreme court are aware that, as one article summarized,
"Justices, in some of their most hotly contested rulings, have looked overseas. Last year, for example, justices barred the executions of juvenile killers on a 5-4 vote. Justice Anthony M. Kennedy said then that "it is proper that we acknowledge the overwhelming weight of international opinion against the juvenile death penalty."
In an angry dissent to that decision, Justice Antonin Scalia said capital punishment policy should be set by states, not "the subjective views of five members of this court and like-minded foreigners."
Ginsburg said, "Critics in Congress and in the media misperceive how and why U.S. courts refer to foreign and international court decisions." She said those decisions are used for guidance only.
In addition to which... it's been noted that Justice Ginsburg was recently caught snoozing during oral arguments. Hmmm...
(See below for Judge Scalia's conviction that judges have no corner on morality.)