Supreme Court linking: What Justice Roberts could learn by blogging

Justice Kennedy thinks like a blogger while Judge Roberts sticks to the mainstream.
Stephen Baker

How is Judge John Roberts like mainstream media, while Justice Anthony Kennedy thinks more like a blogger? It boils down to links. Kennedy, as described in this excellent profile, favors citing foreign cases in his Supreme Court opinons. When Kennedy describes his philosophy of citing these opinions, he describes a dynamic that sounds like blogs.

“The European courts, in particular the transnational courts, have been somewhat concerned, and some feel demeaned, that we did not cite their decisions with more regularity,” he said. “They cite ours all the time. And, basically, they were saying, ‘Why should we cite yours if you don’t cite ours?’

With his interest in linking to other courts, Kennedy places the United States judicial system within a global community. That's more like the blog world. Chief Justice nominee Roberts, by contrast, has said in Senate testimony that the U.S. court should make do without the foreign input. Implicitly, in this view, to cite others is to give them power. Sounds a bit like MSM to me.

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