As if the Republicans’ new-found obsession with court-stripping and overturning Supreme Court rulings by two-thirds vote isn’t radical enough for you, Reps. Robert Goodlatte (R-Va.) and Tom Feeney (R-Fla.) have launched a new round in the GOP assault on an independent federal judiciary. It’s called the “Reaffirmation of American Independence Resolution”
Goodlatte and Feeney are troubled, to say the least, about the fact that the Supreme Court has, on occasion, cited international law and/or legal traditions in high court rulings. They’ve come up with yet another brilliant idea to address their frustration with the federal judiciary.
Republican House members Tom Feeney of Florida and Bob Goodlatte of Virginia, joined by more than 50 co-sponsors, will propose a non-binding resolution next week that would express the sense of Congress that judicial decisions should not be based on foreign laws or court decisions.
In a statement, Feeney said his resolution, which wouldn’t do anything legally except whine loudly, is a “necessary” step.
The need for the resolution has become necessary as, with growing frequency, the Supreme Court has relied upon decisions of foreign judicial tribunals when deciding American constitutional and statutory cases. Six Supreme Court justices have written or joined opinions that cited foreign authorities — including courts in Jamaica, India, Zimbabwe, and the European Union — to justify its decisions. Lower Federal courts are beginning to follow this disturbing trend.
But if the Goodlatte/Feeney measure won’t carry the weight of law, and is merely intended to be a “rhetorical shot across the court’s bow,” what are these Republican lawmakers really prepared to do about their concerns? Funny you should ask…
Feeney, in an interview with MSNBC, raised the “I” word in stressing the significance of his concerns.
“This resolution advises the courts that it is improper for them to substitute foreign law for American law or the American Constitution,” Feeney said. “To the extent they deliberately ignore Congress’ admonishment, they are no longer engaging in ‘good behavior’ in the meaning of the Constitution and they may subject themselves to the ultimate remedy, which would be impeachment.”
This is lunacy. For a House member to even suggest impeachment of Supreme Court justices for this is terribly irresponsible.
The resolution will be formally unveiled next week (which is why I can’t give you a bill number). Hopefully, it will just fade into the background like so many of the bizarre conservative ideas that find their way into GOP legislation.