In Newsweek: yes, the Senate should defer to Presidents in the run of their subcabinet picks, and yes, Harold Koh is exceedingly well qualified in all the obvious and some less obvious ways. But it's also fair to take a close look at the "transnationalist" school with which his career has been associated -- which seeks to superimpose on U.S. jurisprudence "international legal norms [which] by and large reflect the values of Social Democratic Europe and liberal American academics" -- and to ask whether those ideas are now going to start finding their way into official policy.
Stuart Taylor, Jr. and Evan Thomas on the Koh nomination
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Center for Legal Policy at the