Supreme Court and "International Law"
law.com - Article
"Earlier this week, House Majority Leader Tom DeLay singled out Justice Anthony Kennedy's work as 'incredibly outrageous' and 'activist,' citing his majority opinion in the death penalty case in particular because the Reagan appointee uses international law and 'does his own research on the Internet.'
Three of the justices -- Scalia, Chief Justice William H. Rehnquist and Clarence Thomas -- have said foreign law has no relevance. Scalia has been increasingly critical of the practice in recent months, pointing to decisions in recent years to decriminalize gay sex and ban the execution of the mentally retarded.
'I don't agree it's much ado about nothing,' Scalia said in response to O'Connor. Regarding the death penalty case, he said the majority led by Kennedy 'contradicted the view of the majority of the states.'
'I don't see how international law is relevant. I don't know what a South Africa court will tell you about American law,' he said. "