Whatever your position is on abortion, take heed. This is something for Ireland to settle for itself. Once the European Court steps in, the precedent has been set. We have been warned of the “International law” that several of our Supreme Court Justices think might be something to consider when deciding a case. The European Union. Not in our backyard.
European Court of Human Rights judgments are legally binding but difficult to enforce. Council of Europe nations often take years to enact the legal reforms ordered. An offending nation that refuses to observe a court order could be expelled from the Council of Europe, this has never happened, however Ireland may want to think twice about taking any bailouts from the EU in light of the European Court’s eagerness to meddle in its domestic affairs:
Ireland’s constitutional ban on abortion violates pregnant women’s right to receive proper medical care in life-threatening cases, the European Court of Human Rights ruled Thursday, harshly criticizing Ireland’s long inaction on the issue.
The Strasbourg, France-based court ruled that a pregnant woman fighting cancer should have been allowed to get an abortion in Ireland in 2005 rather than being forced to go to England for the procedure. The judgment put Ireland under pressure to draft a law extending abortion rights to women whose pregnancies represent a potentially fatal threat to their own health.
Ireland has resisted doing that despite a 1992 judgment from the Irish Supreme Court that said Ireland should provide abortions in cases where a woman’s life is endangered — including, controversially, by her own threats to commit suicide. More at Right Wing News
Supreme Court Justices think International Law might be something to consider
Kennedy’s statement:
”But “‘[t]he climate of international opinion concerning the acceptability of a particular punishment’” is also “‘not irrelevant.’”
So holds the Court, by a 6–3 vote, in Graham v. Florida. Hope to have more later today, when I’ve read the opinions, but here’s one item that’s likely to be quite controversial: The majority opinion (Justice Kennedy writing for the four liberals and himself) has a subsection near the end that begins,
There is support for our conclusion in the fact that, in continuing to impose life without parole sentences on juveniles who did not commit homicide, the United States adheres to a sentencing practice rejected the world over.This observation does not control our decision. The judgments of other nations and the international community are not dispositive as to the meaning of the Eighth Amendment. But “‘[t]he climate of international opinion concerning the acceptability of a particular punishment’” is also “‘not irrelevant.’”