U.S. Supreme Court Clarifies Limits on Its Use of International Law

U.S. Supreme Court Clarifies Limits on Its Use of International Law - It is unfortunate that, in the recently decided case of Graham v. Florida, the Supreme Court of the United States refers to international opinion against the sentencing of juveniles to life without parole as support for the Court's decision. Nevertheless, it is important to note that, in the Court's majority opinion, Justice Anthony Kennedy clarifies and significantly restricts the Court's use of international opinion, at least in cases where the Court is involved in interpreting the Eighth Amendment's prohibition against cruel and unusual punishment. The Court explained that the judgments of other nations and the international community are not dispositive and are used only for support for the Court's own independent conclusion on the matter. No doubt, this evolution in the Court's approach disappoints those transnational progressives who had petitioned the Court to use international laws and practices to guide the Court's Eighth Amendment analysis, rather than to merely support a decision of the Court based exclusively on domestic laws and practices. [Global Governance Watch]