More Legal Anarchy from Obama, Constitutional Expert

Post-American Legal Authority

Post-American Legal Authority

Obama nominee (for state department legal advisor) Harold Koh likes the idea of applying sharia law here in the United States. To the Yale Club of Greenwich in 2007, Koh claimed that “in an appropriate case, he didn’t see any reason why sharia law would not be applied to govern a case in the United States.”

Needless to say, President, and de-facto activist judge Obama would determine the “appropriateness” of the case, and create any new legislation necessary in short order. If Obama writes it, ex-post facto, or bill of attainder, whatever, should be good enough for us. He is a expert.

Beyond sharia law, Koh in general finds national law around the world superior to the American brand. As could not be more clear, in Obama’s post-America, Obama and Koh agree that legal process in America will be “transnational” in nature. American legal sovereignty was an unfortunate mistake. America’s constitution is a mistake, or an enormous blind spot, Koh agrees with Obama. Pick any law from around the world, and you will find a superior vintage to capitalist, American law. American law is arrogant, and just makes the rest of the world angry with us. When will we learn?

“Obama’s most perilous legal pick,” by Meghan Clyne for the New York Post, March 30 (thanks to Jihad Watch)

JUDGES should interpret the Constitution according to other nations’ legal “norms.” Sharia law could apply to disputes in US courts. The United States constitutes an “axis of disobedience” along with North Korea and Saddam-era Iraq.

Those are the views of the man on track to become one of the US government’s top lawyers: Harold Koh.

President Obama has nominated Koh — until last week the dean of Yale Law School — to be the State Department’s legal adviser. In that job, Koh would forge a wide range of international agreements on issues from trade to arms control, and help represent our country in such places as the United Nations and the International Court of Justice.

It’s a job where you want a strong defender of America’s sovereignty. But that’s not Koh. He’s a fan of “transnational legal process,” arguing that the distinctions between US and international law should vanish.

What would this look like in a practical sense? Well, California voters have overruled their courts, which had imposed same-sex marriage on the state. Koh would like to see such matters go up the chain through federal courts — which, in turn, should look to the rest of the world. If Canada, the European Human Rights Commission and the United Nations all say gay marriage should be legal — well, then, it should be legal in California too, regardless of what the state’s voters and elected representatives might say.

He even believes judges should use this “logic” to strike down the death penalty, which is clearly permitted in the US Constitution.

The primacy of international legal “norms” applies even to treaties we reject. For example, Koh believes that the UN Convention on the Rights of the Child — a problematic document that we haven’t ratified — should dictate the age at which individual US states can execute criminals. Got that? On issues ranging from affirmative action to the interrogation of terrorists, what the rest of the world says, goes.

Including, apparently, the world of radical imams. A New York lawyer, Steven Stein, says that, in addressing the Yale Club of Greenwich in 2007, Koh claimed that “in an appropriate case, he didn’t see any reason why sharia law would not be applied to govern a case in the United States.”

A spokeswoman for Koh said she couldn’t confirm the incident, responding: “I had heard that some guy . . . had asked a question about sharia law, and that Dean Koh had said something about that while there are obvious differences among the many different legal systems, they also share some common legal concepts.”

Score one for America’s enemies and hostile international bureaucrats, zero for American democracy.

Koh has called America’s focus on the War on Terror “obsessive.” In 2004, he listed countries that flagrantly disregard international law — “most prominently, North Korea, Iraq, and our own country, the United States of America,” which he branded “the axis of disobedience.[…]

Even though he’s up for a State Department job, Koh is a key test case in the “judicial wars.” If he makes it through (which he will if he gets even a single GOP vote) the message to the Obama team will be: You can pick ’em as radical as you like.

Obama nominee sees no “reason why sharia law would not be applied to govern a case in the United States” Jihad Watch

Others blogging: Obama nominee Koh sees no “reason why sharia law would not be applied to govern a case in the United States”


2 Responses

  1. Obama worship is getting us deeper into this abyss.

    Is no one looking at this guy’s legal positions? Sharia law? Well.. parts of the lunatic fringe in the UK are trying it out. The NOW types should be outraged, but they are absolutely silent.

    The silence towards this danger is caused by the media-fueled Obama worship in the country. Fortunately, by 2010, the country will have had enough.

    For those that want to recover from Obama worship sooner, there is a lighter look at a 12-step program at:

  2. […] in Alexandria will be conducted under the rules of Obama’s State Department legal adviser Harold Koh who thinks sharia law would work absolutely GRREAT in Virginia. Will you defend KSM yourself, Obama; […]

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