Ohio State Journal of Criminal Law

OSJCL Amici Board of Advisors

OSJCL Amici: Views from the Field

U.S. Supreme Court is Now Guiding Fewer Nations

Although some say the United States Supreme Court is the most respected Court in the world, there is an intense and growing debate about whether that influence should be a one-way street. The rise of new and sophisticated constitutional courts elsewhere is one reason for the Supreme Court’s fading influence. Furthermore, the new courts are generally more liberal than the Rehnquist and Roberts courts and, for that reason, more inclined to cite one another. So, should the U.S. Supreme Court consider international law in their decisions? The article points out that Justice Anthony Kennedy is arguably one of the strongest advocates for considering international law, referring to his majority opinion in Roper v. Simmons, the 2005 decision that struck down the death penalty for juvenile offenders.



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