The Rule of Law

The next battleground in the war to destroy our society is becoming apparent.

Like the bogeyman critique of “judicial activism,” “foreign law” seems to have become the latest stand-in straw man for those who aim to cast fundamentally political opposition as a principled objection. It is hard not to conclude that vocal opponents of “foreign law” are driven less by any real threat to U.S. legal sovereignty than by the fear that even a conservative judge might embrace a legal rule with which they disagree. But that danger is also long known to the United States; it is the necessary price of the rule of law.