Listening to him criticize Professor Goodwin Liu, now up for confirmation to the Ninth Circuit Court of Appeals, on the assumption, nowhere indicated from the record, that he would apply “foreign law” in the courtroom:
People shouldn’t have to wonder, when they step into the courtroom, what country’s law the judge is going to apply!
Huh? Judges sometimes apply foreign law — it’s true. But that’s because the parties contract that foreign law shall apply, or lose a choice-of-law argument to someone who expected foreign law would apply. This isn’t an outrage; its’ the bread-and-butter of federal litigators. Are we to override the primacy of contract, and vitiate justifiable expectations, because it confuses the honorable Senator from Kentucky?
Democracy. Man, I give up.
Update: once more, the Senate blocked Professor Liu, presumably for the sin of being nominated by a Democrat. Daily Kos rounds up a list of still-sitting Senators who’d promised, under Bush, never to filibuster a judicial nominee, no matter the administration. Ladies and gentlemen, your party of principle.