The issue is whether American judges may look for guidance in how judges in other countries with similar legal systems have resolved similar disputes.
If conservatives insist on using slogans like "judicial activism" and "legislating from the bench," then at the very least, such terms should be applied to liberal and conservative nominees consistently.
Yesterday, the Obama administration recognized that states serve as "laboratories of democracy" and often are the most aggressive defenders of public health, safety, and the environment.
