As seductive as certain perspectives of international law may appear to those who disagree with the outcome of the interpretative exercise conducted by this Court in the contempt judgment, sight must not be lost of the proper place of international law, especially in respect of an application for rescission. The approach that my Brother adopts may be apposite in the context of an appeal, where a court is enjoined to consider whether the court a quo erred in its interpretation of the law. Although it should be clear by now, I shall repeat it once more: this is not an appeal, for this Court’s orders are not appealable. I am deeply concerned that seeking to rely on articles of the ICCPR as a basis for rescission constitutes nothing more than sophistry.
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There is something surreal, absurd even, about the US supreme court’s recent three-day hearings on President Obama’s healthcare law. In essence, nine people, all appointed by presidents of the United States and not elected by nor accountable to the American people, will have the power, come June, to determine whether the president’s landmark 2010 legislation will stand as is, be ruled unconstitutional and done away with entirely, or be ruled unconstitutional in part and so be hobbled and in doubt. It is surreal and absurd that we are even having this conversation again, given that the crux of the matter is that 50 million Americans do not have health insurance. Wasn’t the point to make sure the richest and most powerful nation on the planet could protect its own people, as other nations do, including Canada, our neighbor to the north? – Kevin Powell on The Guardian website.