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Citing Foreign Legal Decisions:  At Volokh Conspiracy, David Bernstein discusses Justice Ginsburg's speech defending the wisdom of citing foreign legal decisions.  Apparently, during a speech made at Moritz College of Law at Ohio State University, Justice Ginsburg asked "Why shouldn't we look to the wisdom of a judge from abroad with at least as much ease as we would read a law review article written by a professor?"  Berstein responds that it is not the job of Supreme Court Justices to decide American law based on the beliefs of foreign judges.  He also states it is not the duty of the Justices to increase the international influence of the U.S. Supreme Court.  For those who are interested in reading more about "why, in historical context, it's important to limit the influence of foreign law on American constitutional interpretation" Bernstein recommends Ken Kersch's Constructing Civil Liberties. Orin Kerr has this follow-up

Life Tenure on the Supreme Court:  Yesterday, Paul Carrington's Op-Ed "When to Retire a Justice" appeared in The New York Times.  Carrington, a professor at Duke University Law School, believes that it may be time for Congress to create a judicial council to investigate complaints made against the Supreme Court Justices that might be overstaying their welcome on the U.S. Supreme Court. Carrington argues that some Justices have remained on the Supreme Court for too long, and that the recognized practice of granting life tenure can run far beyond Article III's direction that federal judges may maintain their office so long as they maintain "good behavior." While he does not believe discipline is necessary for those who overstay their welcome, he does believe that a discipline council would remind Justices that the Constitution did not give them life tenure.

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