[Congressional Record Volume 144, Number 99 (Wednesday, July 22, 1998)]
[House]
[Page H6077]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   SUPREME COURT DECISIONS AND DELIBERATIONS SHOULD BE BASED ON U.S. 
                       CONSTITUTION AND U.S. LAWS

  (Mr. COBURN asked and was given permission to address the House for 1 
minute and to revise and extend his remarks.)
  Mr. COBURN. Mr. Speaker, regrettably, Reuters this last week reported 
that several members of the U.S. Supreme Court, on a recent trip to 
Europe, announced that they would be willing to consider legal 
arguments based on decisions of the European Court of Justice. Justice 
Breyer said that American lawyers ``may cite an EU ruling in our court 
to further a point.'' Justice O'Connor said that she might cite 
decisions of that court in her future opinions.
  Now, I certainly would not want to discourage these Justices from 
learning all they can about the laws and customs of our European 
neighbors. As a matter of fact, I would hope all of the members of the 
Supreme Court will continue to learn as much as they can. Like the rest 
of us, their knowledge is limited, and wisdom will come from greater 
and expanded learning.
  But I would respectfully remind all of the Justices of the Supreme 
Court that it is their sworn duty to apply the U.S. Constitution, as 
written, and the laws of the United States, as written, to the cases 
that come before them. It is not to bring about some sort of global 
convergence between the American system of ordered liberty under law 
and some other system, whether from Europe or elsewhere.
  I appreciate the interest of the Justices in comparative law, but I 
would urge them to keep the distinction in mind.

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