As usual, President Barack Obama is multi-tasking the dismantling of the American system on so many fronts that not all of the outrages can be properly monitored. So while you should be mortified by his dictatorial power grab with General Motors, please don't miss his recent nomination of former Yale Law School Dean Harold Koh as legal adviser for the State Department.
In his new position, Koh not only would represent the United States before international bodies, such as the U.N. and the International Court of Justice, but also would influence the degree to which laws of other countries should influence American jurisprudence.
After reading an alarming piece by Meghan Clyne in the New York Post concerning the Koh nomination and the degree to which Koh believes it's appropriate for courts to consider other nations' laws in interpreting our Constitution, I read a number of Koh's legal writings and speeches.
Clyne reported that New York lawyer Steven Stein said that Koh, in addressing the Yale Club of Greenwich in 2007, claimed that "in an appropriate case, he didn't see any reason why sharia law would not be applied to govern a case in the United States."
It turns out that on March 21, 2007, Carol Iannone, on Phi Beta Cons blog, published a letter from Stein to Dean Koh about his Yale Club remarks. Stein wrote, in part, "In your discussion of 'global law' I recall at least one favorable reference to 'Sharia', among other foreign laws that could, in an appropriate instance (according to you) govern a controversy in a federal or state court in the US."
Whether or not Koh ever responded to Stein's letter, Stein's representations of Koh's remarks are certainly consistent with Koh's writings that I reviewed.
In Fordham Law Review, Koh asserted that the U.S. "Supreme Court is divided between two judicial camps: the transnationalists and the nationalists." Koh considers himself a transnationalist and justices Roberts, Scalia and Alito nationalists.
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