Proposed law would block judges from using sharia law and international law

[jamesrage]

I love the idea of this, if only such a law was enacted on the federal level.

http://abcnews.go.com/US/Media/oklahoma-pass-laws-prohibiting-islamic-sharia-laws-apply/story?id=10908521

Oklahoma is poised to become the first state in the nation to ban state judges from relying on Islamic law known as Sharia when deciding cases.

The ban is a cornerstone of a "Save our State" amendment to the Oklahoma constitution that was recently approved by the Legislature.

The amendment -- which also would forbid judges from using international laws as a basis for decisions -- will now be put before Oklahoma's voters in November. Approval is expected.

snip....

The proposed Oklahoma amendment is aimed, in part, at "cases of first impression," legal disputes in which there is no law or precedent to resolve the matter at hand.

In such cases, judges might look to laws or rulings in other jurisdictions for guidance. The proposed amendment would block judges in Oklahoma courts from drawing on sharia, or the laws of other nations, in such decisions.

The amendment also is a response to what some conservatives see as a pernicious trend -- cases of liberal judges mostly notably Supreme Court Justice Ruth Bader Ginsberg, using foreign laws to shape their opinions in U.S. cases.

"It should not matter what France might do, what Great Britain might do, or what the Kingdom of Saudi Arabia might do," Duncan said. "Court decisions ought to be based on federal law, or state law."

[rwarn17588]

Unreasoning paranoia at its finest by jamesimpotentrage.

Do you really think any Oklahoma judge is going to cite sharia law in any case?

[guido911]

Unreasoning paranoia at its finest by jamesimpotentrage.

Do you really think any Oklahoma judge is going to cite sharia law in any case?

Happens all the time during my court appearances. 

[jamesrage]

Unreasoning paranoia at its finest by jamesimpotentrage.
Do you really think any Oklahoma judge is going to cite sharia law in any case?

A supreme court has cited foreign law, why do you think is it impossible to think a local judge would do the same?

[rwarn17588]

A supreme court has cited foreign law, why do you think is it impossible to think a local judge would do the same?

OK ... name an example in which it would, then.

[eDuece]

Since most of our law is based on Blackstone and  English common law, looks like the boys in Ok. City are going to have a heap of those foreign laws to rewrite so our judges can get back to only using the real American kind.

[jamesrage]

Since most of our law is based on Blackstone and  English common law, looks like the boys in Ok. City are going to have a heap of those foreign laws to rewrite so our judges can get back to only using the real American kind.

This has nothing to do with laws copied from foreign sources. This has to do with judges citing foreign laws and cases in their court decisions. There is a difference.

http://www.nytimes.com/2009/04/12/us/12ginsburg.html

[rwarn17588]

This has nothing to do with laws copied from foreign sources. This has to do with judges citing foreign laws and cases in their court decisions. There is a difference.

http://www.nytimes.com/2009/04/12/us/12ginsburg.html

Again, please cite a case in Oklahoma in which sharia law is going to be or has been cited. Tick ... tick ... tick ...

[Red Arrow]

An ounce of prevention is worth a pound of cure.

[rwarn17588]

An ounce of prevention is worth a pound of cure.

Yes, I should wear a crash helmet just in case a meteorite strikes and kills me.

This is equivalent to using a sledgehammer to kill a miniature unicorn.

[Hoss]

Yes, I should wear a crash helmet just in case a meteorite strikes and kills me.

This is equivalent to using a sledgehammer to kill a miniature unicorn.

You owe me a keyboard and possibly a monitor!

[Townsend]

Yes, I should wear a crash helmet just in case a meteorite strikes and kills me.

This is equivalent to using a sledgehammer to kill a miniature unicorn.

outstanding

[nathanm]

Hmmm. I think we'd better rethink this before we upend the foundation of our legal system. (the British common law, which is *gasp* FOREIGN!)

[Red Arrow]

This is equivalent to using a sledgehammer to kill a miniature unicorn.

Or possibly a tack hammer to kill a moose.

[Red Arrow]

Hmmm. I think we'd better rethink this before we upend the foundation of our legal system. (the British common law, which is *gasp* FOREIGN!)

A good portion of our legal system was based on British common law before 1776, when it wasn't *gasp* FOREIGN.