Internationalism

During his Senate confirmation hearing, Judge Roberts has been asked about the role of international law in the Court's decision-making process. Judge Roberts has said that he does not believe that the Court should rely on foreign law. The foremost internationalist presently on the Court is Justice Kennedy. This profile of Justice Kennedy recently appeared in the New Yorker. The article focuses on Kennedy's international leanings.

Should the Supreme Court survey or take into account international law when deciding an issue as Justice Kennedy believes? Or should the Court disregard international law as Judge Roberts apparently believes?