The Sovereignty Implications of Two Recent Supreme Court Decisions

July 10, 2003

Eric D. Hargan

The Supreme Court, in two recent cases (Lawrence v. Texas and Atkins v. Virginia) is continuing a trend of citations of foreign and international law, particularly European law, as supporting evidence for the validity of its decisions. This use of international sources in cases involving purely domestic concerns is alien to the American legal system, historically, and, if unchecked, will produce a further erosion of American sovereignty, in addition to the mischief already done by these cases.

The Sovereignty Implications of Two Recent Supreme Court Decisions