[quote=“NYT: U.S. Court Is Now Guiding Fewer Nations”]Judges around the world have long looked to the decisions of the United States Supreme Court for guidance, citing and often following them in hundreds of their own rulings since the Second World War.
But now American legal influence is waning. Even as a debate continues in the court over whether its decisions should ever cite foreign law, a diminishing number of foreign courts seem to pay attention to the writings of American justices.
“One of our great exports used to be constitutional law,” said Anne-Marie Slaughter, the dean of the Woodrow Wilson School of Public and International Affairs at Princeton. “We are losing one of the greatest bully pulpits we have ever had.”
The rise of new and sophisticated constitutional courts elsewhere is one reason for the Supreme Court’s fading influence, legal experts said. The new courts are, moreover, generally more liberal than the Rehnquist and Roberts courts and for that reason more inclined to cite one another.
Another reason is the diminished reputation of the United States in some parts of the world, which experts here and abroad said is in part a consequence of the Bush administration’s unpopularity around the world. Foreign courts are less apt to justify their decisions with citations to cases from a nation unpopular with their domestic audience.[/quote]
That’s tremendously… encouraging. Oh sure, it’s a major disappointment that the US is no longer such a beacon in this (too) area, but encouraging in that not everyone is drinking the koolaid. It’s a marvelous argument against global gov’t: imagine if there weren’t so many healthier alternatives.
Still, supreme courts are so influential… to lose the attention of so much of the world, that’s a very real loss of influence, particularly given the withdrawal into border forts of so much of the foreign service.
What do f.com’s many lawyers make of this?