Rabkin Testifies on Hill Re: Judicial Reliance on Foreign Law

Professor Jeremy Rabkin provided testimony on Capitol Hill, appearing December 14 before the House Judiciary Committee's Subcommittee on the Constitution to discuss "Judicial Reliance on Foreign Law."

Testifying along with Rabkin were Andrew Grossman, visiting legal fellow at the Heritage Foundation, and David Fontana, associate professor of law at the George Washington University Law School.

Rabkin concluded his remarks by saying, "I do not advocate that Congress enact a 'blanket prohibition' on references to international or foreign practice, not even for decisions interpreting our own Constitution. I do not think it likely that Congress has the constitutional authority to tell Article III courts what they can or cannot consider when interpreting the Constitution. But I think it would be appropriate for the House to vote a non-binding resolution, expressing concern about this trend. The justices who are so determined to consider foreign opinion should at least be exhorted to give special weight to American opinion when they interpret the American Constitution. I believe the House would be speaking for most Americans if it affirmed that we do not need foreign assistance in interpreting our own Constitution."