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10 CA v. the Stupid

[ 15 ] January 11, 2012 | Scott Lemieux

The 10th Circuit struck down the idiotic and flagrantly unconstitutional ban on “sharia” and “international” law passed by the fine citizens of Oklahoma last year.   Good; I would have hated to see Antonin Scalia get arrested if he came to give a speech in Tulsa.

The argument that Mark Tushnet makes about the winger focus on judges using international legal sources being a silly culture war diversion obviously applies even more forcefully to the “sharia law” nonsense.    I just wonder which Republican candidate will be first to describe the 10th Circuit as imposing Sharia on Oklahoma and demand that the court be abolished.

Comments (15)

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  1. Vance Maverick says:

    Is it fair to consider the people who want to ban consideration of international law, and the people who want to mandate citation of the Magna Carta, as the same group of wingers?

    • c u n d gulag says:

      Damn!

      Too slow!!!

      Maybe they think Runnymede’s right outside of DC?

    • Scott Lemieux says:

      Yes.

    • Holden Pattern says:

      To be vaguely fair to the lunatics, as English law (of a sort) predating the American Revolution, the Magna Carta falls into what is generally called “the history of Anglo-American jurisprudence” here in the US.

    • Caroline Abbott says:

      Last fall, Oklahoma’s Senator Jim Inhofe blocked the nomination of University of Tulsa College of Law’s Dean Janet Levit to the 10th Circuit because… her primary expertise is international law.

      Inhofe is not a Republican presidential candidate, but it’s hard to find a better example of attacking the judiciary by sheer hooey hubris and redneck grandstanding.

  2. rm says:

    If Newt is not the first, I’ll be disappointed in him.

  3. Ken says:

    I would have hated to see Antonin Scalia get arrested if he came to give a speech in Tulsa.

    Sometimes I think a few such arrests would help, on the principle that a liberal is a conservative who has just been arrested.

    I suppose it’s too much to ask for the president to “indefinitely detain” all of Congress under the new provisions of the DCAA…

  4. mds says:

    I just wonder which Republican candidate will be first to describe the 10th Circuit as imposing Sharia on Oklahoma and demand that the court be abolished.

    Given that Ron Paul has long advocated stripping jurisdiction of just about everything from the federal court system, I’m sure he’d willingly entertain out-and-out abolition, no Sharia worries necessary. It’s all part of his strong civil-libertarian platform, you see.

  5. wengler says:

    Sharia law wins again!

    It’s kind of funny, in all my trips to Tulsa I would’ve thought they’d enjoy stoning people in the public square.

  6. DrDick says:

    Frankly, speaking as a native Okie, Islamic sharia would be an improvement over the talibangelical version they have been imposing for the past 20 years.

  7. Sev says:

    “and demand that the court be abolished.”

    Or at least that their gavel hands be cut off.

  8. [...] she says, Voter-ID laws are like the bans on “sharia law”: counterproductive “solutions” to non-problems. Only they’re much worse because [...]

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