4/29/2019

CENSUS/COURTS/LEGAL/TRUMP AS PRESIDENT: “Two years ago, at his confirmation hearings, Justice Neil M. Gorsuch said that what happens abroad should not influence American judges in constitutional cases…But last week, during arguments over whether the Trump administration may add a question on citizenship to the 2020 census, Justice Gorsuch did not hesitate to consider what he called ‘the evidence of practice around the world’…Justice Brett M. Kavanaugh has also been skeptical about the use of foreign and international law by American judges in at least some kinds of cases. In 2010, when he was an appeals court judge, he wrote in a concurring opinion about a Guantánamo detainee that ‘international-law norms are not domestic U.S. law.’”

Adam Liptak, “Conservatives, Often Wary of Foreign Law, Embrace It in Census Case,” The New York Times online, April 29, 2019