Tuesday, April 28, 2009
Law Professors: Lou Dobbs is on Our Side
A couple of weeks ago, Lou Dobbs discussed what he called "an apparent threat to America's sovereignty," namely certain remarks made by U.S. Supreme Court Justice Ruth Bader Ginsburg. I will warn you, her words are shocking. But I feel you need to see them. This is the actual transcript of what she said at a symposium at the Mortiz College of Law at Ohio State University.
RUTH BADER GINSBURG, SUPREME COURT JUSTICE: Why shouldn't we look to the wisdom of a judge from abroad with at least as much ease as we would read a law review article written by a professor.
Don't you see? Lou Dobbs is not just fighting against foreign influence, he is fighting for law-review-article influence.
This is, indeed, a truly grave "threat to America's sovereignty." We need America's sovereignty to continue to be held, as it always has been, by America's law professors.
I hope all of you professors will join me in roundly condemning Justice Ginsburg and supporting Lou Dobbs – as he has supported us. And if Justice Ginsburg continues her assault on America's sovereignty, let us band together and fight back. We have the power write a bunch of really confusing scholarship about the Third and Ninth Amendments, and we should not be afraid to use it!
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Good ideas and wise understanding should be embraced where ever you find it. To reject an opinion because it is not yours and before it is examined for its merits is a much greater threat than embracing ideas of good merit, even if they originate from abroad.
I'm with Ginsburg. There might be good reasons to reject an opinion, but to suggest all foreign ideas should be rejected to protect our sovereignty is not a sensible position. There are plenty of bad American ideas and plenty of good foreign ones (and vice versa).
Each idea should stand or fall on its on merits, without regard for its source.
Posted by: Ben Abbott | Apr 28, 2009 5:50:45 PM
I have attempted to explain the problem with Ginsburg's remark here:
Posted by: Orin Kerr | Apr 28, 2009 6:31:41 PM
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