Friday, June 16, 2017

Does SCOTUS Misread European Court Cases?

The perhaps surprising answer is yes—and to a shocking degree. According to one study:

The article focuses on the three fields in which such foreign case law has either influenced the U.S. Supreme Court decisions or otherwise impacted the judges' reasoning: laws targeting homosexual conduct; federalism; and the death penalty.

It singles out the relevant passages of each U.S. Supreme Court decision, explores the European sources that it points to, and evaluates how accurately the court depicts them. It turns out that all the references that the U.S. Supreme Court has made to European jurisprudence are either mistaken or misleading. (my emphasis).

There are other areas in which the Court sometimes goes astray, for example “law office history.”

You can read more here. Andrea Pin, "The Costs and Consequences of Incorrect Citations: European Law in the U.S. Supreme Court" Brooklyn Journal of International Law, Vol. 42, No. 1, 2016


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