According to Ginsburg, someone in a Web site chat room wrote: "Okay commandoes, here is your first patriotic assignment ... an easy one. Supreme Court Justices Ginsburg and O'Connor have publicly stated that they use (foreign) laws and rulings to decide how to rule on American cases. This is a huge threat to our Republic and Constitutional freedom. ... If you are what you say you are, and NOT armchair patriots, then those two justices will not live another week."
Rep. Tom Feeney, R-Fla., a sponsor of one of the congressional proposals, wrote about the legislation on his Web site and in bold letters featured a quote from O'Connor predicting the Supreme Court would probably increasingly rely on foreign courts.
Justices, in some of their most hotly contested rulings, have looked overseas. Last year, for example, justices barred the executions of juvenile killers on a 5-4 vote. Justice Anthony M. Kennedy said then that "it is proper that we acknowledge the overwhelming weight of international opinion against the juvenile death penalty."
In an angry dissent to that decision, Justice Antonin Scalia said capital punishment policy should be set by states, not "the subjective views of five members of this court and like-minded foreigners."
Ginsburg said, "Critics in Congress and in the media misperceive how and why U.S. courts refer to foreign and international court decisions." She said those decisions are used for guidance only.
O'Connor said last week during a speech at Georgetown Law School that the justices have received threats. But the Ginsburg remarks at the Constitutional Court of South Africa provide unusual detail.
Ginsburg, who turned 73 Wednesday, told the audience O'Connor "remains alive and well - as for me, you can judge for yourself."
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