Unless the statute requires or directs you to look at foreign law, the answer is no. Foreign law cannot be used as a holding, or a precedent, or to bind or influence the outcome of a legal decision interpreting the Constitution or American law.
Sotomayor clarifies the limitations on using foreign law in U.S. legal decisions.
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It hands the Executive the power to repeal statutes by firing all those necessary to carry them out.
The one thing that does appear to be clear going forward is that chaos will follow.
Because the Court today errs by reducing the burden, at least in the sports context, that the Constitution places on state actors when classifying based on sex, I respectfully dissent.
The President must take care that the laws are faithfully executed, not set out to dismantle them.
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