Document Type
Article
Publication Date
2006
ISSN
0006-8047
Publisher
Boston University School of Law
Language
en-US
Abstract
The objection to citation of foreign law in U.S. Supreme Court decisions is bad history and bad law. First, let me briefly review how the objection has come to prominence recently. On June 26, 2003, the U.S. Supreme Court decided Lawrence v. Texas, striking down a same-sex sodomy statute. Justice Antonin Scalia, in the course of his dissenting opinion, wrote that the majority's citation of foreign law was "meaningless dicta," "[d]angerous dicta."' He added that the majority's opinion was "the product of a law-profession culture, that has largely signed on to the so-called homosexual agenda."
Recommended Citation
David J. Seipp,
Our Law, Their Law, History, and the Citation of Foreign Law
,
in
86
Boston University Law Review
1417
(2006).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/1564
