When Sandra Day gave a speech a while back talking about looking to foreign law increasingly, I turned to Hubby and asked why that's not an impeachable offense. She swore an oath to uphold the Constitution of the United States, not the opinions of some foreign judge unaccountable in any way to either the US Constitution or the people of the US. Mary Ann Glendon doesn't come out for impeachment, but she does explain what's so awful about Justices looking to foreign law in making decisions.
The problem is not reference to foreign law: It is how foreign law is used by judges who usurp powers reserved under the Constitution to the people and their elected representatives, and whose desire to "learn" is limited to finding arguments in support of conclusions that have little constitutional warrant. The learning process of the foreign law enthusiasts, moreover, is selective. They have shown no disposition to explore why most democracies take a different view from theirs on exclusion of illegally obtained evidence, regulation of abortion or separation of church and state. With reason, Justice Scalia accuses them of "looking over the heads of the crowd and picking out their friends."
