Just when you thought things could not possibly get any crazier in the "state" of Arizona, a bill has been introduced before the Arizona State Senate that would, if passed by the legislature and in turn Arizona voters, "constitutionally prohibit[] courts from considering international law or legal precepts of other nations or cultures when making judicial decisions."
Provisions
1. Requires courts, when making judicial decisions, to uphold and adhere to the laws of the U.S. Constitution, Arizona Constitution, U.S. Code, Federal regulations, established common law, Arizona laws and rules and if necessary, the laws of another state within the U.S. provided the laws in the other state do not include international law.
2. Prohibits Arizona courts from considering international law or legal precepts of other nations or cultures when making judicial decisions.
Among many other implications of this completely insane piece of legislation, were it to become Arizona law and withstand constitutional scrutiny, Arizona state courts could not make judicial decisions upon any consideration of (1) the laws of federally-recognized tribal governments, per choice-of-law agreements or notions of comity or full faith and credit, (2) the United Nations Declaration on the Rights of Indigenous People recently endorsed by the United States, or (3) the laws of any other state that dare incorporate international law into its systems of law.
Arizona, PLEASE, stop the insanity.
Gabriel "Gabe" Galanda is a partner at Galanda Broadman PLLC, of Seattle, an American Indian majority-owned law firm. He is an enrolled member of the Round Valley Indian Tribes of Covelo, California. He can be reached at 206.691.3631 or gabe@galandabroadman.com, or via galandabroadman.com.
