Koh Update: Questions for Koh

Conn Carroll / April 10, 2009

The Washington Independent‘s David Weigel has a very fair piece on conservative efforts to educate the public about  State Department legal advisor nominee Harold Koh’s “transnationalist” legal beliefs. Weigel quotes National Review’s Ed Whelan: “What judicial transnationalism is really all about is depriving American citizens of their powers of representative government by selectively imposing on them the favored policies of Europe’s leftist elites.”

Also engaging Koh’s substantive views, former Koh student Julian Ku who has identified 10 Questions for Koh at Opinio Juris, including:

2) You have argued in your writings that transnational legal processes can and should be used to develop and eventually “bring international law home” to have binding force within the U.S. legal system. Do you think it is appropriate as Legal Advisor to support such efforts to use litigation to incorporate international legal norms within U.S. law? (more…)