? about the legal ideas espoused by the man set to become the State Department’s top legal adviser.
Stuart Taylor Jr. and Evan Thomas don’t go as far as opposing Harold Hongju Koh’s candidacy in their Newsweek profile, but they don’t serve as cheerleaders either.
[H]is rather abstruse views on what he calls “transnational jurisprudence” deserve a close look because?taken to their logical extreme?they could erode American democracy and sovereignty.
We learn that Koh believes courts should expand some constitutional rights and “perhaps shrink some others, including the First Amendment’s guarantee of free speech.”
Hmm. I think I prefer an approach that relies instead on the Constitution, such as the philosophy known as originalism.
